A talk by Wright Hassall in conjunction with Peter R Dickinson FRICS, FCIArb.

09.00  Tea and Registration

09.30  Introduction and discussion of basic principles
             Philip Harris, Partner, Wright Hassall LLP

• Who takes the risk in site and soils conditions?
• Does the Employer warrant the accuracy of site and soils information?
• What works are included in the contract price?
• The obligation to carry out and complete the works
• Practical Completion – what does it mean?
• Defects liability period or rectification period – how does it work?
• Making good

10.00  A building defects surveyor’s perspective
              Peter R Dickinson - Chartered Building Surveyor and Chartered Arbitrator

What is a Defect?

Indentifying a Defect

Indentifying Liability

10.30  Design
               Stuart Thwaites, Associate, Wright Hassall LLP

“Design and Defects”: What if the specification and drawings are silent about elements of the build?
“Design is Choice”: JCT Design and Build Contracts

• The Contractor’s responsibility for design
• Inadequacies and discrepancies within the Employer’s Requirements and the Contractor’s proposals
• The respective roles and responsibilities of the pure designer and the designer/builder

11.00 Break

11.30  Temporary and Permanent Works
               Philip Harris, Partner, Wright Hassall LLP

• Buildability
• The respective duties and obligations of the Employer; Architects/Contract Administrators/Employers’ Agents and Contractors
• Compensation and Remedies for Defects
• Damages and the Measure of Loss
• Cost of rectification versus diminution in value
• Remedies in negligence and their limitations
• Collateral Warranties
• Latent Damages and Limitation Periods

12.00 Presentation of Defect Reports, Schedules and Costs in a Judge friendly manner
              Peter R Dickinson - Chartered Building Surveyor and Chartered Arbitrator

12.30 Fitness for purpose, exclusion clauses and control of defects
              Stuart Thwaites, Associate, Wright Hassall LLP

• Fitness for Purpose; Defences to fitness for purpose, liability
• Exclusion clauses
• The control of defects – instructions issued under building contracts before and after Practical Completion

13.00 Lunch and networking

This event qualifies for 3 hours unaccredited CPD points.