Can the owner fix defects using another contractor and deduct the cost?

Answer

Only after giving the original contractor the notice and chance the contract requires. PSSCOC lets the employer employ others and recover the cost if the contractor fails to comply with an instruction within 14 days. In Thio Keng Thay, an owner who unreasonably refused the developer's rectification proposals was held to have breached the defects clause, and the court treated this as relevant to how much could be recovered.

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.

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