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Defects and Deadlines: A Comprehensive Guide for Navigating the Rectification Period

๐Ÿ“… The Rectification Period, commences from the moment the certificate of practical completion is issued and generally lasts for 3 or 6 months depending on the contract.

๐Ÿ‘ฅ During the Rectification Period, the client brings any emerging defects to the Contract Administrator's (CA) attention. The CA then has the responsibility to discern whether these issues qualify as defects (i.e. works not executed as per the contract), or if they are simple maintenance concerns.

๐Ÿ› ๏ธ Interestingly, it's the contractor's responsibility to detect and rectify these defects, not the client's. Hence, if notifying contractors of defects, it should be made clear that the list might not cover all existing defects.

๐Ÿ“ As the Rectification Period concludes, the CA creates a schedule of defects, listing those yet to be addressed, and sets an agreed deadline for the contractor to resolve them. The contractor is expected to handle them within a reasonable timeframe.

โœ… After all items on the schedule of defects have been rectified, the CA issues a certificate of making good defects. This releases the remainder of any retention and triggers the issuance of the final certificate.

โš ๏ธ However, should the contractor fail to rectify the defects within a reasonable period, they might be in breach of the contract. In such situations, other parties may be brought in to handle the defects, and the associated costs could be deducted from the contractor's retention.

๐Ÿšซ The Rectification Period isn't a window to address problems that were evident at the point of practical completion. Instead, it's a period when the contractor may be recalled to rectify defects that have surfaced after practical completion. Issues that were apparent before practical completion should ideally be resolved before the certificate of practical completion is issued.

๐Ÿ“œ Certificates like this, vital as they are, can often be overshadowed by other pressing tasks. For Surveyors and Directors alike, ESTA offers a solution. It knows the certification flow and timeframes and ensures reminders for certificate issuance, providing a structured and automated system. This approach ensures that both clients and surveying firms can maintain standards, streamline operations, and effectively manage their varied responsibilities.

If you have any questions about our ESTA tool or would like to book a demo, don't hesitate to contact us.

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