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The Defects Liability Period starts when the Certificate of Completion is issued and continues for the period agreed to in the Contract.

During the Defects Liability Period, the Contractor has to obey all written instructions from the Engineer to carry out repairs and fix any defects which appear in the Permanent Works, so that, at the end of the Defects Liability Period, the Permanent Works are in the condition required by the Contract.

If the Contractor does not, due to his own fault, finish the repair work or fix the defects by the end of the Defects Liability Period, the Defects Liability Period will continue until all work instructed by the Engineer is done.

Who is responsible for the cost of carrying out the Engineers instructions during the defects liability period?

The Contractor will carry the cost if the Engineer decides that the Repairs or fixes are necessary because of the Contractor’s fault.
In other cases, the Employer will pay.

What if the Contractor ignores the Engineer’s instructions?

If the Contractor fails to obey a written instruction from the Engineer for 28 days, the Employer will have the right to carry out the necessary work himself or employ someone else to do it.

If this happens, the Contractor will be responsible for:

the whole cost of carrying out the necessary work, if the work was due to his own fault;

any additional cost that the Employer suffers by having to do the work himself or through others, if the work was not due to his own fault.

← What is ‘Practical Completion’? How Does a Contractor Claim For An Extension of Time? →

Build a foundation against liability claims litigation with construction liability cover

by Dan Payton | September 28, 2021 | Construction Liability, Contractors All Risk | 0 Comments

As a responsible construction company owner, you know the importance of insuring your plant and making sure that your other necessary policies are in place with CivilSure. But did you know that the number of instances of – and the size of – liability claims litigation is higher than ever, and climbing?

What is a Contractors All Risk Insurance policy?

by Dan Payton | July 10, 2014 | Contractors All Risk | 0 Comments

A Contractors All Risk insurance policy, provides cover for the contract works, surrounding property, contractors’ public liability, SASRIA, Special Risks..

What Are Latent Defects?

by Dan Payton | July 23, 2018 | Contractors All Risk | 0 Comments

A Latent Defect is a defect that is not detected by ordinary inspection, but lies hidden until sometime later, when it’s discovered because it causes a problem that everyone can see. An example of latent defects would be weak concrete in part of a bridge column, that looks the same as strong concrete, but collapses when a heavy truck drives over the bridge.

What is ‘Practical Completion’?

by Dan Payton | June 28, 2018 | Contractors All Risk | 0 Comments

Practical Completion doesn’t mean the Contractor has finished the Works in every detail. It means the Works are sufficiently complete to be safely used by the Employer for the purpose he intended. The Contractor may still complete minor items and fix defects after Practical Completion, as long as the Employer isn’t inconvenienced.

Why is a Contract Works Policy Necessary?

by Dan Payton | June 28, 2018 | Contractors All Risk | 0 Comments

When it comes to planning a new construction project, insurance doesn’t always get the priority it requires, with contractors often wondering whether it is really necessary to take out a contract works policy at all. Very often the contract works policy is arranged at the last minute, or even after the project has already started.

Plant Hire – Have you read the Contract?

by Dan Payton | February 16, 2016 | Contractors All Risk | 0 Comments

Have you read your plant hire contract? You should get evidence of the plant hire contract when you hire in a concrete pump truck or any other item of plant.

Are Your Vehicle Keys or Plant Remotes Insured?

by Gael Miles | May 15, 2025 | Contractors All Risk, Plant All Risks | 0 Comments

When thinking about insurance, most of us focus on the big-ticket items—cars, equipment, and machinery. But what about the smaller, yet equally critical items like car keys or plant remotes? Losing these can bring unexpected costs and disruptions that you may not have...

What is Plant All Risk Insurance?

by Dan Payton | July 31, 2018 | Contractors All Risk | 0 Comments

Your onsite machinery (plant) is vulnerable to a number of problems such as breakdowns, vandalism and theft. Missing a project deadline can be bad news for your bottom line as well as your reputation. Plant All Risk Insurance covers you for loss of, or damage to, construction plant and equipment whilst in storage, transit, on the contract site or being use as a tool of trade.

What is not covered by a Contractors All Risk Policy?

by Dan Payton | July 31, 2018 | Contractors All Risk | 0 Comments

The main part of the Contractors All Risks insurance is the Contract Works section which provides cover for the property being worked on (e.g. new house, etc.). But it’s important to be aware of what’s not covered by a contractors all risk policy, these are just a few examples:

How Does a Contractor Claim For An Extension of Time?

by Dan Payton | July 12, 2018 | Contractors All Risk | 0 Comments

A Contractor can claim for an extension of time, thus extending the Due Completion Date for a project. He can also claim for any costs which will increase due to being on site for longer (called time-related General Items).