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How do I assess a construction defects or remedial cost claim?

Separate responsibility for the alleged defect, the work needed to address it and the amount claimed. A repair invoice alone does not establish all three.

Updated: . By Jack Butler-Kettle, Construction Claims Consultant.

The answer

Start with the agreed specification, design responsibilities and what was actually supplied or installed. Preserve inspection records, photographs and correspondence, and use a technical specialist for disputed cause or remedial scope. The contract may set notice, access and correction procedures. NEC’s explanation of defining and managing defects shows why the main contract and subcontract must be read separately: a main-contract defect is not necessarily a defect within the subcontract scope. Check quantities, rates, invoices and any cost claimed twice. Separate the alleged repair from changed specifications or unrelated work and ask your representative to assess the basis for recovery. The same discipline applies when you make a claim against your supply chain. Quantsurv assesses the figures and evidence; technical diagnosis and legal responsibility remain with the relevant advisers.

Example

Illustrative example. The scenario and figures are invented.

The facts

A £38,000 remedial schedule combines replacing damaged panels with repainting an entire floor.

What happens

  1. A specialist identifies the affected panels and the technically appropriate repair.
  2. The commercial schedule separates the panel work, wider repainting and access costs, with supporting records for each.

The outcome

The disputed scope and amounts are visible. The schedule can be challenged or substantiated without assuming that every invoiced cost is recoverable.

For a claim you are making or defending, our Defects, Damage and Remedial Cost Claims & Defence service organises and tests the cost evidence alongside your technical specialist and representative.

Sources

  1. Defining and managing defects in ECC and liability for not correcting them (19 June 2023). NEC Contracts.

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