If remedial work is found to be necessary either during a project or prior to the final settling of accounts, then it should be carried out at either the contractor’s or consultant’s expense.
In other situations, consideration will need to be given as to whether there are grounds to pursue a claim against those responsible and the advice of DBE officers should be sought to ascertain whether governors should seek legal or technical advice. Delay in commencing proceedings can result in a claim failing due to the expiry of the statutory limitation period. Cases should only be pursued where there is a reasonable prospect of success.
The cost of meeting professional fees in pursuing a legal remedy should normally be met from governors’ insurance. The Secretary of State may consider paying grant on costs when insurance cover is exhausted. Each case is considered on its merits.
Grant may not be paid if governors have repaired faulty work at their own expense when a claim should have been pursued. Use of a different contractor to repair faulty work will invalidate any guarantee of the previous contractor.