Complex construction involves numerous technical disciplines with multiple interfaces to manage and resolve.  When significant defects arise, their resolution is often extremely challenging.

In this 60 minute presentation, HKA discuss the contractual, commercial and practical issues arising out of defective work, providing insight into how defect issues are addressed in standard form contracts and in dispute resolution proceedings. 

With reference to practical examples, HKA discuss the issues that arise, as well as the challenges faced by the parties when defects in design and workmanship occur either during the construction of the project, or long after the work is completed.

Topics presented throughout the presentation include:

  • Contractual obligations to rectify defects and recover costs incurred and the procedural issues to be followed
  • ‘Patent’ defects versus ‘latent’ defects
  • To what extent should a Contractor be allowed to rectify its own defects?
  • To what extent is an Employer required to mitigate its loss?
  • Quantification of costs and damages incurred
  • Limitation of liability clauses and their impact (if any)
  • The role of the technical Expert in assessing defect issues
  • Common mistakes that parties make when pursuing and defending claims for defective works



Damian is a legally qualified quantity surveyor with over 30 years’ construction industry experience.  He has provided commercial and contractual advice and has managed large multi-disciplinary teams on a broad range of projects for a varied UK and international client base.  Damian has also acted as an Expert Witness and Expert Advisor on quantum matters on a number of occasions and has extensive experience of dispute resolution acting as client representative in adjudication, Dispute Adjudication Boards (DAB), arbitration and mediation hearings; including preparation of statements of claim and responses for arbitration (domestic and international), referral notices and responses in DAB and adjudication proceedings, mediation position papers and negotiation of commercial settlements.


Euan has over 25 years’ experience as a chartered architect specialising in commercial, retail residential and industrial work.  He is accredited by the Royal Incorporation of Architects in Scotland (RIAS) as an expert witness and has experience in the preparation of expert reports for use in various forms, including arbitration, adjudication and litigation.  His experience covers all the RIBA Plan-of-Work stages, including architectural appointments, feasibility studies, scheme designs, statutory approvals, production information, detailed specification and report writing.  Euan has acted as lead consultant and contract administrator throughout his career and is well acquainted with a variety of procurement routes

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This webinar/podcast presents the views, thoughts or opinions of the speakers and not necessarily those of HKA. Whilst we take every care to ensure the accuracy of this information at the time of issue, the content is not intended to deal with all aspects of the subject referred to, should not be relied upon and does not constitute advice of any kind. This webinar/podcast is protected by copyright © 2020 HKA Global Ltd.