Rectification after completion of works

The contractor's failure to perform work in accordance with the construction contract is a breach of contract and entitles the principal to sue the contractor for damages at common law.

However, most construction contracts include contractual mechanisms which:

  • allow the contractor to return to the site to rectify defects;
  • entitle the principal to have a third party rectify the defect if the contractor does not follow the rectification notice; and
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