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Technically, a defect in a finished product is a breach of contract. However, it is widely accepted that defects will occur and manifest themselves on construction projects both during and after the works have been carried out, and most contracts will often provide for any such breach to be rectified during the Defects liability period (also known as the Rectification period). During this time it is envisaged that the contractor will rectify defects which have become apparent since practical completion (these are generally considered patent defects). For more information on both practical completion and defects liability periods please refer to the respective Practice Notes: What is practical completion? and Defects liability period and rectification of defects.

For consideration of what a defect is, see Practice Note: Defects claims in construction—What is a defect?

For specific guidance on fire and building safety defects, see Practice Note: Fire safety defect claims for construction lawyers.