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Guide letters provide advice about matters architects should consider when composing letters to the parties involved in architectural projects.
1. When and how?
1.1 The architect should issue instructions related to defects and incomplete work generally in the form of lists to the contractor at regular intervals before practical completion and during the defects liability period.
1.2 You must assess all outstanding defects and advise the contractor immediately before the end of the defects liability period.
1.3 You should endeavour to gain a formal response to Guide letter 34 before sending this letter.
1.4 You should include in this letter all the specialist consultants’ defects lists.
1.5 If you are administering a contract and a defect relates to an item for which a second defects liability period may be fixed, you should give the contractor notice in writing.
1.6 You should tell the contractor who the client’s contact is to arrange for access and remind the contractor that the number of calls to site must be limited, unless of an urgent nature.
2. Content
Instruct:
- the contractor to prepare and forward a program for the completion of defective and incomplete works.
Advise:
- list of defects required to be rectified
- list of works still to be completed
- when you require the program.
3. Action
3.1 You are obliged under the contract to send instructions to complete incomplete works and/or rectify defects.
4. What happens next?
4.1 Agree the program for defects rectification with the client and the contractor. The client may have difficulties with timing, access and possible disruption.
4.2 Carry out an inspection with the contractor when all the notified defects have been properly attended to.
4.3 When you are satisfied that the contractor has completed incomplete works, rectified all defects and fulfilled their obligations under the contract and the defects liability period is over, the contractor is entitled to submit the final claim.
5. Are there other possibilities?
No.
6. What can happen if you don't?
6.1 Should you fail to notify the contractor of defects within the defects liability period, the contractor is usually entitled to deny liability. Your client could therefore forfeit the contractual right to have the defects rectified within that period.
7. Copies
7.1 Architect's file
7.2 Client
7.3 Specialist consultants
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