| Title |
A Study on the Rationalization of Defects Liability in Construction Works |
| Keywords |
Defects Liability ; Warranty Period ; Strict Liability ; Negligence Liability |
| Abstract |
In general, defects liability is that contractor shall guarantee the executed works and shall carry out the necessary repairs till the date of final handing-over. The defects liability is generally defined as a strict liability rule. Under the rule, the contractor has to execute all such work of amendment, reconstruction, remedying defects, or other faults during the period of defect liability.
From this study, however, the period of defects liability in our country tends to be far more prolonged than that of other countries and emphasized the convenience of employer or consumer. The cause is that the warranty period is comprised in the period for defects liability in our country. Therefore, the period of defects liability should shorten within two years. The rest period will be regulated as an warranty period. That is, the contractors should have a strict liability within one or two years. Also, in the negligence liability period, the contractor should take the responsibility for the defects or other faults caused by his willfulness or negligence. If the responsibility is due to any other cause, the contractor has no responsibility. That is, any amounts not insured or not recovered from the contractor shall be borne by the employer, architect, engineer or suppliers of materials in accordance with their responsibilities. |