Can the owner fix defects using another contractor and deduct the cost?
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.
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?
- Can I still claim for defects found after the defects liability period ends?
- How long do I have to sue for a latent defect in Singapore?
- What is a final account in a construction contract?
- Does SOPA apply to claims for retention money?