EWHC 989 (TCC)
A claim was pursued against the Contractor, Interserve, on the basis that it failed to make good defects during the Defects Liability Period. On 26 May 2011, the Notice of Completion of Making Good Defects was issued formally recording that the defects which the Council had required to be made good had been made good as of 14 April 2011. This led to the release of the final tranche of retention monies. Mr Justice Pepperall said that the Notice was of conclusive effect and that any defects required to be rectified under the defects liability clauses of the contract were deemed to have been made good. This meant that the claims against Interserve for alleged breaches of its obligations to identify and make good defects that became apparent during the defects liability period failed.