Use a Rectification Deed Before You Get a Rectification Order
Builders: before you get a Rectification Order, try a Rectification Deed.
There is a better way for a builder and homeowner to deal with building defects.
I regularly use a Rectification Deed where the builder is prepared to return to the property and fix the problems.
It is not just an agreement saying:
“Builder will come back and fix the defects.”
That is nowhere near enough.
The deed can set out:
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The precise scope of works.
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The order, timing and process under which the works are to be undertaken.
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Access arrangements.
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Timeframes.
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Who is responsible for inspections and certification.
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A process for dealing with disagreements about whether the works have been properly completed.
The builder knows what it has agreed to do.
The homeowner knows what they are getting and a process to check the works comply with the SOW.
And both parties have a defined process for getting the building fixed.
Costs are lower because the builder can arrange subcontractors of their own or arrange those who made errors in the first place to return PLUS it avoids legal costs of litigation.
That seems much more sensible than allowing a dispute to escalate into a formal regulatory process.
The BPC now has powers to issue Rectification Orders requiring building work to be rectified or completed, including specifying what must be done and when it must be completed.
And BPC’s dispute resolution process can also result in binding orders requiring a builder to rectify defective work, with consequences if the order is breached.
Why wait for that?
If the builder is willing to fix the problem, and the homeowner wants the problem fixed, why not agree at the outset:
What needs to be fixed.
How it will be fixed.
When it will be fixed.
Who confirms it has been fixed.
And what happens if it isn’t.
This plus a release of liability on completion is what my Rectification Deed is designed to do.
It gives the builder a controlled pathway back onto the property.
It gives the homeowner a clear pathway to getting the work completed.
And releases the builder from further proceedings. Therefore it can bring things to an end.
I have a standard form Rectification Deed that I use for this purpose, with space for a scope of works to be attached by addendum to the deed.
Obviously, the deed needs to be adapted to the particular dispute, scope of works and circumstances. It isn’t a substitute for legal advice.
This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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