Defects

• What Is A Construction Defect?
• Four Main Categories of Defects
- Design Deficiency
- Material Deficiency
- Specification Issues
- Workmanship Deficiencies
• Patent and Latent Defects
• Defects in Common Law and Civil Law
• Contractor and/or Employer Right to Remedy Defects
• Defects and Practical or Substantial Completion
• Defects and Breaches of Contract
• Difference Between Maintenance Obligation and Defects Rectification
• Defects Notification Period
• The Effect of a Final Certificate on Defects Liability
• Defects Liability Insurance
• Limitation of Warranties or Guarantees under Common and Civil Law
• Competitive Review of Defects Under Different Forms Of Contract
• Drafting Defects Liability Clause for Construction
• Contract

Damages

• Identifying the Loss
• Quantifying Loss by Calculation
- Direct Labour Cost
- Loss of Productivity
- Non-Productive Overtime
- Direct Material Cost
- Plant and Equipment
- Temporary Works
- Site Establishment Cost
- Administration Overheads
- Insurance Financing Cost
- Profit on Cost
- Loss of Future Profits

Unabsorbed Overheads and Formula Adjustments

• Loss or Expense Actually Suffered by Contractor
• Loss or Expense Not Recovered Elsewhere
• Loss or Expense Incurred During Period of Delay has Remained Unabsorbed
• Impossible or Unreasonable Burdensome to Calculate Loss or Expense without a
Formula Approach
• The Eichleay Formula
• The Hudson Formula
• The Emden Formula

Quantum Merit and Unjust Enrichment

Employer’s Damages

• Liquidated Ascertained Damages
• Performance Guarantee Damages

Global Claims

• Total Loss Claims
• Methods of Quantification
• Pleading a Global or Total Loss Claim: What Does the Law say?

Module 6