Don’t touch those defects

By Steven Carey2019-11-08T06:00:00

Steven Carey examines the feasibility of applying for an injunction to restrain a replacement subcontractor from rectifying defects

It is often a vexed question whether a contractor should be entitled to rectify defects in its works when an employer has lost confidence in its abilities. There is often a clash between the desire for contractors to seek to minimise their losses by rectifying their own defects and the desire of employers (in some circumstances) for the defaulting party not to darken their door again.

The recent case of Flexidig Ltd vs A Coupland (Surfacing) Ltd concerned a novel question in this context: could the original subcontractor (Flexidig) obtain an injunction preventing a replacement subcontractor (Coupland) from repairing defects in Flexidig’s works?

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