Can I still claim for defects found after the defects liability period ends?
Usually, yes. The DLP is a period in which the contractor must return to fix defects. It is not normally a cap on liability. PSSCOC clause 18.5 says the defects clauses do not reduce the contractor's liability at common law, and the High Court in Thio Keng Thay v Sandy Island (2019) held that a defects clause does not remove the right to damages without express words. The claim must still be brought within the limitation period.
From the RRD Field Guide, checked against the sources cited in Defects Liability Period and Retention Money in Singapore: DLP, Maintenance Period, Final Account and Late Defects. General information, not advice for your project.
The fuller picture
The defects liability period (DLP), called the maintenance period in SIA contracts, is the window after completion in which the contractor must return and fix defects. Retention is typically released half at completion and half when the DLP ends. Later defects can still be claimed: generally within 6 years, or for negligence 3 years from knowledge, subject to a 15-year long-stop.
More questions on this topic
- What is the difference between the defects liability period and the maintenance period?
- How much retention money is usually held in Singapore?
- When should retention money be released?
- How long do I have to sue for a latent defect in Singapore?
- What is a final account in a construction contract?
- Can the owner fix defects using another contractor and deduct the cost?
- Does SOPA apply to claims for retention money?