Negotiating with the original owner to get defects fixed
The negotiating phase is the biggest hurdle of defect rectifications, get expert help from the outset
Once a committee has served the diagnosed defects on the original owner (that being the builder or developer), you’ll enter a negotiation phase. The negotiations with the original owner to get the defects fixed will be centred around trying to come to an agreement on what they recognise as a defect and what they are willing to fix.
The negotiation process should work towards achieving a consolidated list of defects that each party has agreed upon. Part of the agreement to fix the defects will require the original owner to provide a scope of works detailing how they will make the rectifications. For example, are they going to fix the defects bit by bit or are they going to rip out the existing work and start again to do it properly?
Negotiating with the original owner to get the defects fixed during this period can take many forms, while some are amicable and straightforward, others are more hostile and involve strenuous litigation. Reaching and agreeing upon a scope of works and repairs is one of the most significant hurdles of the rectification process and will require legal guidance.