A latent defect discovered after the Defect Date remains the contractual responsibility of the Contractor until the end of the relevant limitation period under English law (in basic terms 6 years if the defects arises through negligence, and either 6 or 12 years if it is a breach of a contract or a deed).
The key distinction is that up to the Defects Date there is a right and an obligation on the Contractor to rectify and a right and obligation on the Employer to allow the contractor to so rectify. Once outside the period it will be a claim for breach or negligence.
The key distinction is that up to the Defects Date there is a right and an obligation on the Contractor to rectify and a right and obligation on the Employer to allow the contractor to so rectify. Once outside the period it will be a claim for breach or negligence.
