Course

[09 Apr 25] Navigating defects claims in construction

WORKSHOP OVERVIEW    

Defects claims against developers have become so commonplace that they are often treated as an inevitable part of the development cycle. This course aims to equip participants with the knowledge and skills necessary to effectively navigate these challenges.

By examining the legal foundations of defects claims, we will explore common defenses and mitigating measures, drawing insights from real-world examples and case studies. Participants will gain a comprehensive understanding of the legal pitfalls in development projects, learn strategies to minimize liability, and develop the ability to craft robust responses when faced with defects claims.

TOPICS COVERED

• What amounts to a defect (objective or subjective standards) and types of defects (patent vs latent, common property vs private property)
• Relationship between defects claim and defects liability period
• Difference between claim in contract and tort
• Common defenses
• Allocation of liability between employer, main contractor, sub-contractors and consultants
• Calculation of damages for defects claims
• Practical steps when faced with defects claim
• Limitation periods
• Litigation and arbitration process

LEARNING OUTCOMES 

• Understand legal definition of a defect and the different types of defects
• Appreciate the distinction between claims in contract and tort, and the implications of such distinction on who can sue
• Understand the allocation of liability between the developer, main contractor, sub-contractors and project consultants
• Gain knowledge of typical defenses to defects claims (including how to avoid or limit liability), mitigating measures and practical tips in responding to defects claim 
• Gain awareness of the dispute resolution process, both in court and via arbitration

TARGET AUDIENCES

• Property Developers
• Project managers / Project consultants
• Contractors
• Architects 

CPD POINTS

2 PDUs (PEB)

2 CPD Points (BOA-SIA)

KNOWLEDGE PARTNER

Ticket Information