Defects in dispute: Common modern construction-related defects and their context in construction disputes

Matthew Fedigan
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Matthew Fedigan: Co-Founder and Director, UK

Journal of Building Survey, Appraisal & Valuation, 2021, vol. 10, issue 1, 34-45

Abstract: In this paper, the author considers the nature of construction-related defects identified from 59 of 307 reported decisions in cases from the England and Wales High Court Technology and Construction Court (TCC) between 15th January, 2016 and 11th November, 2019. The paper explores what surveyors, dispute resolvers and legal representatives can learn about the nature of construction-related defects from the identified cases. Defects cases over the last three to four years indicate that approximately 19 per cent of cases heard by the TCC relate to construction and building defects and remain a central part of TCC business. Current indications are that this trend will continue despite recent advances in methods of construction and technology.

Keywords: construction defects; alternative dispute resolution; litigation; Technology and Construction Courts (TCC); party wall; building pathology (search for similar items in EconPapers)
JEL-codes: R3 (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:aza:jbsav0:y:2021:v:10:i:1:p:34-45

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