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Free Defects Liability Notice Template
A defects liability notice formally notifies a contractor of defects that have appeared in completed construction works and requires them to carry out remedial action. Use our free UK template to protect your rights during the defects liability period.
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Thames Corporate Ltd
Riverside House
48 Thames Walk
London
SE1 2PQ
48 Thames Walk
London
SE1 2PQ
020 7946 0100
property@thamescorp.co.uk
11 February 2026
BuildRight Construction Ltd
Unit 5, Trade Park
Croydon
CR0 4NG
Reference: TCL-RIV-2025-01
Croydon
CR0 4NG
Reference: TCL-RIV-2025-01
RE
DEFECTS LIABILITY NOTICE — Riverside Office Refurbishment
Dear BuildRight Construction Ltd,
This is a formal Defects Liability Notice served on the Contractor under clause 2.38 (Rectification Period) of the JCT Standard Building Contract (SBC) dated 15 January 2025 in respect of the Works at 48 Thames Walk, London SE1 2PQ (Practical Completion achieved on 3 November 2025). The Contractor is required, pursuant to the Contract, to make good at its own cost all defects, shrinkages or other faults in the Works which appear within the Rectification Period of 12 months from Practical Completion and which are due to materials or workmanship not in accordance with the Contract. The parties' attention is also drawn to the statutory protections set out below.
This is a formal Defects Liability Notice served on the Contractor under clause 2.38 (Rectification Period) of the JCT Standard Building Contract (SBC) dated 15 January 2025 in respect of the Works at 48 Thames Walk, London SE1 2PQ (Practical Completion achieved on 3 November 2025). The Contractor is required, pursuant to the Contract, to make good at its own cost all defects, shrinkages or other faults in the Works which appear within the Rectification Period of 12 months from Practical Completion and which are due to materials or workmanship not in accordance with the Contract. The parties' attention is also drawn to the statutory protections set out below.
1.
CONTRACT AND BACKGROUND
This notice is served in relation to the following contract:
Project: Riverside Office Refurbishment
Site Address: 48 Thames Walk, London SE1 2PQ
Form of Contract: JCT Standard Building Contract (SBC)
Contract Date: 15 January 2025
Practical Completion: 3 November 2025
Rectification Period: 12 months from the date of Practical Completion
The defects notified below have been discovered within the Rectification Period and are notified to the Contractor in accordance with clause 2.38 (Rectification Period).
Project: Riverside Office Refurbishment
Site Address: 48 Thames Walk, London SE1 2PQ
Form of Contract: JCT Standard Building Contract (SBC)
Contract Date: 15 January 2025
Practical Completion: 3 November 2025
Rectification Period: 12 months from the date of Practical Completion
The defects notified below have been discovered within the Rectification Period and are notified to the Contractor in accordance with clause 2.38 (Rectification Period).
2.
PARTICULARS OF DEFECT
Date Discovered: 10 February 2026
Location: Third floor, north-facing flat roof section above Conference Room 3B
Nature of Defect: Roofing
Severity: Major — significantly impairs use of the Works or a substantial part thereof and requires prompt attention.
Description: Water ingress through the single-ply EPDM roof membrane causing visible damp staining to the suspended ceiling tiles and pooling of approximately 2 litres of water on the floor below. The membrane appears to have split at the upstand junction with the parapet wall, and the adjoining welded seam on the west side has lifted.
Photographic Evidence: Photographs are attached to and form part of this notice. Photographs are dated, captioned and cross-referenced to the defect location described above.
Location: Third floor, north-facing flat roof section above Conference Room 3B
Nature of Defect: Roofing
Severity: Major — significantly impairs use of the Works or a substantial part thereof and requires prompt attention.
Description: Water ingress through the single-ply EPDM roof membrane causing visible damp staining to the suspended ceiling tiles and pooling of approximately 2 litres of water on the floor below. The membrane appears to have split at the upstand junction with the parapet wall, and the adjoining welded seam on the west side has lifted.
Photographic Evidence: Photographs are attached to and form part of this notice. Photographs are dated, captioned and cross-referenced to the defect location described above.
3.
STATUTORY AND REGULATORY CONTEXT
The following statutory and regulatory provisions are potentially engaged by this notice:
(a) Limitation Act 1980: the limitation period for claims under a contract is six years from the date of breach (s.5) or twelve years where the contract is executed as a deed (s.8). Latent defects may be subject to the three-year discoverability rule and the fifteen-year long-stop under section 14A.
(b) Supply of Goods and Services Act 1982 s.13: the Contractor is required to carry out the Works with reasonable care and skill. Materials supplied as part of the Works must be of satisfactory quality and fit for purpose (s.4).
(c) Housing Grants, Construction and Regeneration Act 1996 s.108: either party has the right to refer any dispute arising from this notice to adjudication at any time. The Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998/649, as amended) shall apply where the Contract does not contain compliant adjudication provisions.
(a) Limitation Act 1980: the limitation period for claims under a contract is six years from the date of breach (s.5) or twelve years where the contract is executed as a deed (s.8). Latent defects may be subject to the three-year discoverability rule and the fifteen-year long-stop under section 14A.
(b) Supply of Goods and Services Act 1982 s.13: the Contractor is required to carry out the Works with reasonable care and skill. Materials supplied as part of the Works must be of satisfactory quality and fit for purpose (s.4).
(c) Housing Grants, Construction and Regeneration Act 1996 s.108: either party has the right to refer any dispute arising from this notice to adjudication at any time. The Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998/649, as amended) shall apply where the Contract does not contain compliant adjudication provisions.
4.
REQUIRED REMEDIAL WORKS, RESPONSE AND COMPLETION
Required Remedial Works:
Strip back and replace the single-ply EPDM roof membrane at the upstand junction. Inspect all similar junctions on the north-facing roof section and repair or replace as necessary. Replace damaged ceiling tiles and redecorate affected areas. Re-test ponding and drainage before sign-off.
Response Deadline: the Contractor shall respond to this notice in writing by 18 February 2026, confirming acceptance of the notified defect, proposed programme and any required access arrangements. Failure to respond by this deadline will be treated as a refusal or inability to make good.
Completion Deadline: all remedial works must be completed to the reasonable satisfaction of the Employer / Contract Administrator by 15 March 2026.
Access Arrangements: Access to the roof is via the service lift in the east wing. The building is occupied Monday to Friday, 08:00-18:00. Out-of-hours or weekend access can be arranged by prior agreement with the facilities manager (Mr. Alan Pritchard, 07700 900 012).
Strip back and replace the single-ply EPDM roof membrane at the upstand junction. Inspect all similar junctions on the north-facing roof section and repair or replace as necessary. Replace damaged ceiling tiles and redecorate affected areas. Re-test ponding and drainage before sign-off.
Response Deadline: the Contractor shall respond to this notice in writing by 18 February 2026, confirming acceptance of the notified defect, proposed programme and any required access arrangements. Failure to respond by this deadline will be treated as a refusal or inability to make good.
Completion Deadline: all remedial works must be completed to the reasonable satisfaction of the Employer / Contract Administrator by 15 March 2026.
Access Arrangements: Access to the roof is via the service lift in the east wing. The building is occupied Monday to Friday, 08:00-18:00. Out-of-hours or weekend access can be arranged by prior agreement with the facilities manager (Mr. Alan Pritchard, 07700 900 012).
5.
RETENTION, COST RECOVERY AND FURTHER ACTION
Retention: the retention sum shall continue to be held and shall not be released until all defects notified in this notice have been rectified to the reasonable satisfaction of the Employer / Contract Administrator.
Cost Recovery: all costs of rectification shall be borne by the Contractor in accordance with the Contract and the ordinary rule that the Contractor bears the cost of making good defects for which it is responsible.
Estimated Rectification Cost: 12,500.00 GBP (estimated cost if the Employer is required to engage others to carry out the remedial works).
Right to Engage Others: if the Contractor fails to commence or complete the remedial works by the deadlines stated above, the Employer expressly reserves the right to engage others to carry out the works and to recover all reasonable costs from the Contractor, whether by way of contra-charge against retention, deduction from sums otherwise due, or a separate claim for damages, in each case with an appropriate pay-less notice under section 111 HGCRA 1996.
Cost Recovery: all costs of rectification shall be borne by the Contractor in accordance with the Contract and the ordinary rule that the Contractor bears the cost of making good defects for which it is responsible.
Estimated Rectification Cost: 12,500.00 GBP (estimated cost if the Employer is required to engage others to carry out the remedial works).
Right to Engage Others: if the Contractor fails to commence or complete the remedial works by the deadlines stated above, the Employer expressly reserves the right to engage others to carry out the works and to recover all reasonable costs from the Contractor, whether by way of contra-charge against retention, deduction from sums otherwise due, or a separate claim for damages, in each case with an appropriate pay-less notice under section 111 HGCRA 1996.
6.
RESERVATION OF RIGHTS AND GOVERNING LAW
Service of this notice is without prejudice to, and does not waive, any other rights or remedies available to the Employer under the Contract, at common law, under statute (including the Defective Premises Act 1972, the Building Safety Act 2022, the Supply of Goods and Services Act 1982, the Consumer Rights Act 2015, the Limitation Act 1980 and the Housing Grants, Construction and Regeneration Act 1996) or under any structural warranty. The Employer expressly reserves the right to bring a claim for any loss, damage, costs or expenses arising from the defects notified above, and to refer any dispute arising from this notice or from the Contract to adjudication at any time under section 108 HGCRA 1996 or to the competent courts.
This notice and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales.
This notice and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales.
The Contractor is urged to acknowledge this notice promptly and to cooperate in arranging attendance and rectification. A failure to make good defects within the Rectification Period may result in the Employer exercising the rights set out above without further notice to the Contractor.
Please acknowledge receipt of this notice by return.
Please acknowledge receipt of this notice by return.
YOURS FAITHFULLY
Thames Corporate Ltd
Contract Administrator
Date: ____________________
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What Is a Defects Liability Notice?
A defects liability notice is a formal written notification from an employer or contract administrator to a contractor identifying defects, shrinkages or other faults in completed construction works that require rectification. It is issued during the defects liability period (also known as the rectification period) following practical completion.
Most building contracts in England and Wales include a defects liability period, typically lasting 6 to 12 months after practical completion. During this period, the contractor is contractually obliged to return to site and make good any defects that arise from faulty workmanship, materials or design.
Issuing a formal defects notice is important in the United Kingdom because it creates a clear record of the defects reported, triggers the contractor’s obligation to rectify them and preserves the employer’s right to withhold the remaining retention or pursue a claim if the contractor fails to act under English law.
What's Covered in This Template
Our defects liability notice template provides a structured format for reporting and managing construction defects.
Project Details
Name and address of the project, contract reference and date of practical completion.
Party Details
Names and addresses of the employer and contractor, plus any contract administrator.
Defects Schedule
Detailed list of each defect including location, description, severity and photographic evidence reference.
Contract Reference
Citation of the specific contract clause requiring the contractor to rectify defects during the liability period.
Remedial Action Required
Clear specification of the repairs, replacements or other works needed to rectify each defect.
Deadline for Rectification
A reasonable timeframe for the contractor to carry out the remedial works.
Access Arrangements
Proposed dates and times for the contractor to access the site to inspect and rectify the defects.
Retention Reference
Notice that retention funds will not be released until the defects are satisfactorily rectified.
Photographic Evidence
Numbered photographs of each defect cross-referenced to the defects schedule.
Consequences of Non-Compliance
Notice that the employer may engage others to rectify the defects and recover costs if the contractor fails to act.
How to Create a Defects Liability Notice
Follow these steps to formally notify the contractor of defects and require remediation.
- 1
Inspect the Works
Conduct a thorough inspection of the completed works, documenting all defects with photographs, descriptions and locations.
- 2
Prepare the Defects Schedule
List each defect with a clear description, its location in the building, severity rating and photographic reference.
- 3
Specify Remedial Action
For each defect, state what work is required to rectify it and the standard to which the repair must be carried out.
- 4
Set a Reasonable Deadline
Give the contractor a reasonable period to carry out the remedial works, taking into account the nature and severity of the defects.
- 5
Serve the Notice
Send the notice to the contractor in accordance with the contract’s notice provisions, keeping proof of delivery.
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Legal Considerations
Defects liability provisions interact with several areas of construction law and contract terms.
This template is for informational purposes only and does not constitute legal advice. Consult a qualified solicitor for advice specific to your situation.
Reviewed for England & Wales law
Contractual Obligations
The contractor’s obligation to rectify defects arises from the UK building contract. Standard form contracts such as JCT and NEC widely used in Britain include specific defects rectification provisions. The employer must follow the contractual procedure for notifying defects to preserve their rights under English law.
Retention Release
Retention in the United Kingdom is typically held in two halves: 50% released at practical completion and the remaining 50% at the end of the defects liability period. The employer can withhold retention if defects remain unrectified, subject to issuing a proper pay less notice under the British Construction Act.
Defective Premises Act 1972
Section 1 of the UK Defective Premises Act 1972 imposes a duty on persons taking on work in connection with the provision of a dwelling to ensure it is fit for habitation. This duty applies in England and Wales in addition to contractual obligations and has a limitation period of six years (extended to 15 years by the Building Safety Act 2022 for retrospective claims).
Limitation Periods
Under United Kingdom law, claims for breach of contract must be brought within six years (or twelve if under deed). The defects liability period does not limit the employer’s right to bring a claim after it expires. Latent defects discovered years later may still be actionable within the British limitation period.
Frequently Asked Questions
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