Liability for Defects in Construction Contracts（在施工合同缺陷责任）.pdf

www.fenwickelliott.co.uk Jeremy Glover Liability for Defects in Construction Contracts - who pays and how much? Introduction 1. Unsurprisingly, defects are one of the major causes of dispute and construction litigation. Dealing with construction failures requires various degrees of familiarity with law, building technology and practice. There is often disagreement when it comes to identifying what a construction defect is. This, of course, will be down to the differing viewpoints and interests of those who are asking the question and/or making the determination. These parties typically include the builder, developer, contractor, subcontractor, material supplier, product manufacturer and homeowner. 2. There is no short answer to this question. However, there is a big difference between a construction defect and a nuisance claim such as a squeaking fl oor or conditions resulting from lack of maintenance or normal wear a