1. The subcontractor has both a right to repair, and a duty
2. The subcontractor who has performed the defective work himself will normally be the one who knows best how to, or should, remedy the defect.
3. The subcontractor is obliged to repair within a reasonable time. If this deadline is not met, the Total/General Contractor — as the case may be — has the right to put the remedial works away to others. These costs may then be claimed reimbursed by the subcontractor.
4. If it is “urgently needed” to remedy a defect faster than the subcontractor can manage, the total contractor has the right to put the remedy out to others. This is a form of emergency provision that is presumably best suited in situations of major leaks etc.
5. The subcontractor is responsible for all costs associated with remediation, including specific costs incurred by the general contractor in detecting and surveying the defect.
6. Deficiencies uncovered on the takeover business should normally be remedied within a more closely agreed deadline. The deadline may be fixed in combination with a daybreak or the parties have agreed on a deadline for the actual takeover.
7. Hidden defects and deficiencies advertised during the first year may be remedied by the subcontractor collectively within the one-year deadline, unless this is to “clear disadvantage” for the total/general contractor.
8. The subcontractor is not obliged to repair if the costs become disproportionately high in relation to what is achieved.
9. If the remediation costs become disproportionately high, the total/ general contractor is entitled to a reduction in price. Price reduction should correspond to the reduction in value of the building with the defect, and the minimum subcontractor's saving by not delivering in accordance with contract.
