England and Wales · Construction contract procedures
When must a JCT schedule of defects be delivered?
JCT’s DB 2024 practice-note extract requires the Employer’s schedule as an instruction within fourteen days after the relevant Rectification Period. That extract does not authenticate the separate SBC clause 2.38 route.
- Period
- DB 2024 excerpt. Fourteen days after the relevant Rectification Period
- Trigger
- Expiry of the relevant works or Section Rectification Period under the actual form
- Rule
- JCT BIM and JCT Contracts 2024 practice note, selected DB 2024 extracts. paragraph 5 and Appendix 3, clause 2.35, printed page 16. Appendix 3, DB 2024 clause 2.35, printed page16
Publisher practice note, copyright 2025, containing selected DB 2024 extracts. Complete SBC, IC and signed project amendments are not acquired. Material retained and reviewed. The complete signed form, project amendments and completed particulars or data are not verified by this source guide.
Source guide · No automated date
Check the applicable procedure
The retained primary extract addresses DB 2024 clause 2.35. Defects must appear during the relevant period and arise from failure to comply with the contract. Delivery of the schedule as an instruction differs from merely compiling a list. Establish the relevant defects, period, authorised actor and effective delivery of the required schedule or instruction under the selected form.
JCT BIM and JCT Contracts 2024 practice note, selected DB 2024 extracts. paragraph 5 and Appendix 3, clause 2.35, printed page 16. Appendix 3, DB 2024 clause 2.35, printed page16What lawyers say
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When must a JCT schedule of defects be delivered?
JCT’s DB 2024 practice-note extract requires the Employer’s schedule as an instruction within fourteen days after the relevant Rectification Period. That extract does not authenticate the separate SBC clause 2.38 route.
Responsible actor. The employer under the retained DB 2024 extract; the SBC actor requires its own governing clause.
Expiry of the relevant works or Section Rectification Period under the actual form.
The catalog question concerns SBC clause 2.38. The publisher warns that provisions vary across forms. Keep the verified DB excerpt separate from the unauthenticated SBC terms.
The retained primary extract addresses DB 2024 clause 2.35. Defects must appear during the relevant period and arise from failure to comply with the contract. Delivery of the schedule as an instruction differs from merely compiling a list.
JCT BIM and JCT Contracts 2024 practice note, selected DB 2024 extracts. paragraph 5 and Appendix 3, clause 2.35, printed page 16. Appendix 3, DB 2024 clause 2.35, printed page16How does this provision count time?
- The DB 2024 extract measures its fourteen-day instruction limit from expiry of the relevant Rectification Period. It separately uses a reasonable time for making good after receipt. Do not merge those stages.
- Establish the relevant defects, period, authorised actor and effective delivery of the required schedule or instruction under the selected form.
The DB 2024 extract measures its fourteen-day instruction limit from expiry of the relevant Rectification Period. It separately uses a reasonable time for making good after receipt. Do not merge those stages.
The DB extract does not supply every general interpretation or service clause. Verify the relevant contractual calendar rather than import a court business-day rule.
JCT BIM and JCT Contracts 2024 practice note, selected DB 2024 extracts. paragraph 5 and Appendix 3, clause 2.35, printed page 16. Appendix 3, DB 2024 clause 2.35, printed page16Which facts prevent one automatic date?
The retained primary extract addresses DB 2024 clause 2.35. Defects must appear during the relevant period and arise from failure to comply with the contract. Delivery of the schedule as an instruction differs from merely compiling a list. Establish the relevant defects, period, authorised actor and effective delivery of the required schedule or instruction under the selected form.
The Employer compiles a DB 2024 defects list but does not deliver it. The reproduced clause requires delivery as an instruction. Establish the required completion act.
A Section has a different Rectification Period. The extract permits a relevant Section-specific period. Use the actual relevant period and qualifying defects.
The signed contract is SBC 2016. A DB 2024 extract cannot establish that SBC clause’s complete terms. Read the operative SBC clause before selecting any deadline.
Which conditions and exceptions apply?
- Selected form and edition
- The retained primary extract addresses DB 2024 clause 2.35. Defects must appear during the relevant period and arise from failure to comply with the contract. Delivery of the schedule as an instruction differs from merely compiling a list.
- Operative event and procedural stage
- The catalog question concerns SBC clause 2.38. The publisher warns that provisions vary across forms. Keep the verified DB excerpt separate from the unauthenticated SBC terms.
- Complete project terms
- The missing project-specific material for this procedure is Exact SBC or DB form and clause, Relevant works or Section and its period, Actual qualifying defects and required schedule, Delivery as an instruction and any earlier individual instructions.
- The retained primary extract addresses DB 2024 clause 2.35. Defects must appear during the relevant period and arise from failure to comply with the contract. Delivery of the schedule as an instruction differs from merely compiling a list.
- The catalog question concerns SBC clause 2.38. The publisher warns that provisions vary across forms. Keep the verified DB excerpt separate from the unauthenticated SBC terms.
What must the responsible actor complete?
Questions about this procedure
When must a JCT schedule of defects be delivered?
Does the retained extract verify SBC clause 2.38?
No. Appendix 3 reproduces DB 2024 clause 2.35. The publisher expressly warns that provisions vary by contract form.
JCT BIM and JCT Contracts 2024 practice note, selected DB 2024 extracts. paragraph 5 and Appendix 3, clause 2.35, printed page 16What must happen to the DB 2024 schedule?
The Employer must deliver it to the Contractor as an instruction. An internal defects list does not establish delivery.
JCT BIM and JCT Contracts 2024 practice note, selected DB 2024 extracts. paragraph 5 and Appendix 3, clause 2.35, printed page 16Which defects engage the reproduced DB provision?
It addresses defects appearing within the relevant Rectification Period due to failure to comply with the contract. Preserve those qualifying facts.
JCT BIM and JCT Contracts 2024 practice note, selected DB 2024 extracts. paragraph 5 and Appendix 3, clause 2.35, printed page 16Can the relevant period concern a Section rather than all works?
The extract expressly addresses the Works or a Section. Establish the applicable period rather than assuming a single project-wide expiry.
JCT BIM and JCT Contracts 2024 practice note, selected DB 2024 extracts. paragraph 5 and Appendix 3, clause 2.35, printed page 16Do individual DB instructions continue indefinitely after the schedule?
The reproduced clause restricts them after schedule delivery and after the stated post-period limit. The actual route must be identified.
JCT BIM and JCT Contracts 2024 practice note, selected DB 2024 extracts. paragraph 5 and Appendix 3, clause 2.35, printed page 16Must the contractor finish every repair within fourteen days of expiry?
The excerpt’s fourteen-day limit concerns schedule or instruction delivery. It separately describes making good within a reasonable time after receipt.
JCT BIM and JCT Contracts 2024 practice note, selected DB 2024 extracts. paragraph 5 and Appendix 3, clause 2.35, printed page 16Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| JCT BIM and JCT Contracts 2024 practice note, selected DB 2024 extracts. paragraph 5 and Appendix 3, clause 2.35, printed page 16. Appendix 3, DB 2024 clause 2.35, printed page16 | Check the identified procedure, event, counting rule or qualification |
| JCT BIM and JCT Contracts 2024 practice note, selected DB 2024 extracts. paragraph 5 and Appendix 3, clause 2.35, printed page 16 | Check the identified procedure, event, counting rule or qualification |