It is common that one of the main objectives for a contractor is to handover the project to the employer free of any defects . Despite the recurrent improvement of technology , education and legislation , defects in construction projects remain an ongoing problem and the South African construction industry is no exception .
CONTRIBUTORS
Defects liability in terms of JBCC contracts explained
It is common that one of the main objectives for a contractor is to handover the project to the employer free of any defects . Despite the recurrent improvement of technology , education and legislation , defects in construction projects remain an ongoing problem and the South African construction industry is no exception .
By The Construction Law Team of Enderstein Van der Merwe Attorneys
The first duty of the contractor is to carry out the work as outlined in the scope of works with acceptable materials and workmanship , free of any defects and suitable for the purpose for which they are intended . If the contractor used unsatisfactory materials , it will be required to replace them with appropriate materials or be liable for damages .
The required standard of workmanship is a bit more difficult to determine and may vary depending on the demands of the supervisory consultant . For example , where an architect supervises the materials or workmanship , they are to be applied per his reasonable satisfaction . Therefore , the contractor will not be held liable for latent defects if materials or workmanship is in accordance with the standards accepted by the principal agent .
If the project is handed over with defective work , the contractor is obliged to repair same to comply with the provisions of the contract . The ‘ general rule ’ is that the employer is entitled to claim damages that would prima facie be equal to the cost of rectifying the defects to abide by the provisions of the contract .
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