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Clause 28
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Question 1

Would you please advise on the following:
Final completion was achieved on a specific contract. After the final completion certificate was issued we experienced latent defects. What is regarded in your mind as a reasonable time to address these defects as it would appear that nothing is mentioned in the JBCC document regarding this. (Specific time period)

If not stipulated in the JBCC contract could this not be referred to in an annexure to the JBCC contract prior to the signing of the contract? I know that we all believe and feel that the contract will be carried out in good faith however we are finding that we (Developers) are having to deal with irate clients

Ref: P28.001

Answer

When one thinks about it a set time period for the rectification of subsequent defects is totally impractical for the following and many other reasons:

1. How many items will be listed? 10 or 100?

2. What happens when an item is not listed?

3. What is a "reasonable period" related to each item and what is the consequence if it is not met?

4. Will a "penalty" be set for each potential defect?

5. When the defect is due to the employer/agents poor design/selection what happens?

6. When your set periods etc fail what are you then going to do?
I have no doubt that you will have to revert to the present situation which I see as follows:

In terms of common law, you have the right and option in notifying the contractor of the defect to set what you believe is a fair and reasonable time period for him to act within. Should he fail to do so you can use any other suitable artisan to rectify the defect and sue the contractor for the loss and expense.

By and large this works and in the event of a dispute you are more likely to be seen as having set a reasonable period in relation to the prevailing conditions rather than relying on a list that could and certainly would be challenged. Sorry you don't get my vote - let common law prevail!