Remedial construction refers to work that is performed when a building or other structure is defective or otherwise not in accordance with its plans or contract. These defects can be either patent or latent. Patent defects are discoverable by reasonable inspection by an assessor while latent defects are not immediately obvious – such as issues with the foundations that only become apparent some time after the building is completed. Remedial construction is performed to correct building defects.
It is not, however, always easy to determine what constitutes a defect. Specifications and plans, for instance, may not have been clear and a contract sometimes does not set out what testing or building standards need to met or what the consequences are when they are not; in some cases, for example, a defect could simply be a maintenance issue. The causes of defects can also be difficult to determine. It could be the result of poor design, workmanship deficiencies or the result of a structural issue.
Once an issue is identified its cause must be determined. This can also be difficult to ascertain since many parties work on a construction. The fault could lie with the builder, contractor or supplier among others. Identifying who is at fault is important when deciding who is responsible for the remedial construction work to correct any faults. This work can be extensive and complex and take more time than the initial construction in some cases.
Defects requiring remediation can fall into the following types:
• Fundamental – faults requiring demolition of the structure, significant work to make them safe or that are in breach of safety standards.
• Functional – defects that affect the client’s ability to occupy or use the building for its intended purpose.
• Cosmetic – faults in fitting or finishes that breach the contract but do not affect the client’s beneficial use of the building.
Remediation in construction projects can also refer to works that are required to make works safe prior to their commencement. This can involve the removal of contaminated waste or other hazardous materials and can occur at the construction site itself, in an existing building on the site or in an adjacent area to the site. Such remediation can include removing soil, project capping, dilution of polluted materials among other measures. With the limited amount of new land available for construction, remediation is often required when land has been used previously for industry or manufacturing or other activities that have led to its contamination.
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