Where a contractor takes over part-completed work, is it responsible for correcting work done wrongly by the contractor it replaced?

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Where a contractor takes over part-completed work from a contractor it replaces, does it become responsible for correcting that contractor's defective work?

The replacement contractor, taken on and the scope of works

A contractor brought in to finish off work started by another firm is not, without more, answerable for that earlier work. The scope must be made explicit; loose words are read narrowly.

Quick answer

Not without express wording: there is no default rule that a contractor which finishes off another work becomes responsible for the earlier work, and CJ Pearce Developments v Oakbridge read the words taken on narrowly, confining them to the replacement contractor's own work, so express wording is needed to transfer responsibility for the predecessor defects

Not without express wording. There is no default rule that a contractor which takes over and finishes off another's work becomes responsible for the earlier work. CJ Pearce Developments v Oakbridge held that, where the contract documents did not make the position clear, the words taken on were given a narrow meaning, confined to the work the replacement contractor itself carried out, and did not extend to responsibility for the original contractor's defective work. A replacement contractor is therefore unlikely to be liable for correcting the predecessor's defects unless the contract clearly says so. The contract documents for the completion work should state whether the replacement contractor is also to be responsible for putting right defects in the original contractor's work.

No default ruleFinishing off does not import liability for the earlier work
CJ Pearce v OakbridgeTaken on read narrowly, confined to the new work
Express wordingNeeded to transfer responsibility for a predecessor defects
Replacement contractorPrice and record only the completion work
EmployerState expressly if the earlier work is to be at the new risk

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