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Construction Law/Determination of JCT contract


I have a contractor how is failing to complete outstanding defects in a deligent manner in accordance with the JCT Minor works contract. Further more he refuses to return calls and emails to update me on the status of works.
I can only assume he has decided to cut his losses and walk away from the contract thus forfieting any retention monies.
How much notice do i need to serve him with to determine the contact and can i do this based on non completion of the contract in a timely manner. We are now 3 weeks past end of defects period and no attempts have been made to make good the works.
Further more can the client seek costs for making good the works if it exceeds the retention monies and do we have to tender the making good of the defective works to show best value in the case of seeking any additional monies?
Any assistance would be gratefully recieved.

Dear Neil,

Apology for late response to your question.

Generally speaking, most JCT contracts provides that Contractor is expected to, with all reasonable dispatch execute and complete all repairs notified to him during the defect liability period. i.e. in a timely manner. One thing to notice in the notification of defect is that, it should not be by telephone calls, but in writing. And you have to follow the contract mode of notification. Most JCT contracts specifies that notifications should be made in writing and delivered through a registered post to the address of the Contractor. I would not know if you followed this and if not, you would need to formalise all your previous notification through this process.
On the question, how long to wait, you would need to check the time bars specified in your contract as most contracts are amended. On checking the time, you would nee to follow the procedure once you have waited enough.
I am aware that, contractor's refusal to make repairs within the time stated in the contract, you can seek alternative means for the repairs through engaging another person or contractor and then, deducting such cost of repairs from the monies due to the Contractor. If the cost exceeds his retention monies, then, you can deduct it from the value of the performance bond on the contract. To demonstrate, good practices, you can tender the scope of the making good either by selected tendering or other in-house tendering process to save time for the open tendering and copy the Contractor all notifications for the tendering and the consequent award for the making good to the best tenderer.

Hope the above helps?



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Femi Alofe


I can answer all questions relating to the followings: 1. Contract Administration - variations, contract clauses interpretation, all post contract procedures, valuations and certificates questions, extension of time issues and prolongation cost matters. 2. Contract Practice - Any questions regarding forms of contract like JCT, FIDIC & other Bespoke forms. 3. Quantification, measurements and Estimating questions 4. Contracts and construction law questions and dispute resolutions problems. 5. All FIDIC Conditions of contracts


Out of my 24 years experience in construction industry, i have the following specific experience: 1. Contract Administration - 15 years in contract administration with over 10yrs in Managerial positions covering africa and the middleeast. 2. Contract Practice - 15 years experience with over 10yrs in Managerial and expert positions covering africa, north america and the middleeast. 3. All pre-contract procedures, Tendering, Quantification, measurements and Estimating questions - 20 years experience. 4. Contracts and construction law questions and dispute resolutions problems - 15 years experience with over 10yrs in Managerial and expert positions and 5 years expert witness and active practice in arbitration proceedings covering africa and the middleeast.

1. FAIQS - Fellow, Australian Institute of Quantity Surveyors, Australia 2. FRICS - Fellow, Royal Institution of Chartered Surveyors, UK 3. CCP - Certified Cost Professional AACEI, USA 4. PQS - CIQS, CANADA 5. ACIArb. - CIArb, UK 6. MNIQS - NIQS, NIGERIA 7. RQS - QSRBN, NIGERIA

1. AACEI RP on Estimating, 2010

1. B.Tech (QS) 2. RICS professional course, CEM - UK 3. MSc , UK NARIC 4. Professional Doctorate ( to commence 2016)

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1. Larsen & Toubro Ltd, Dubai UAE 2. Larsen & Toubro (oman) LLC 3. Archi + Web consortium, Abuja Nigeria 4. George Dike & Associates, Minna Nigeria 5. Public works Authority (Ashghal), Doha Qatar

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