The Australian Government’s BER program includes three funding categories: Primary
Schools for the 21st Century (P21), Science and Language Centres for the 21st Century
(SLC) and National School Pride.
This guide note provides information on the reporting of defects in P21 and SLC projects.
These projects are managed under a Department for Transport, Energy and Infrastructure
(DTEI) contract with a builder.
Defects Liability Period
Generally P21 and SLC contracts under BER have a 52 week ‘defects liability’ period from the Date of Practical Completion (as advised on the Certificate of Practical Completion) issued by DTEI. During the defects liability period, the builder must rectify any defect that becomes apparent. This guide note describes the process for schools to record and report defects that are identified during the period.
What is a defect?
In the context of building construction, a defect is any deficiency in the construction of a building where an element has not been properly completed and/or fails to perform in the manner that was intended. Examples of defects are:
• missing handles on joinery;
• water leakage from taps, basins, toilets or pipes or roof leaks;
• doors failing e.g. hinges falling off, ill fitting doors, faulty locks;
• sinking paving, dying plants etc.
Defects are not element failures caused by incorrect maintenance or modifications or additions during the defects liability period that have impacted on the original contract works.
Defects are also not element failures caused by unreasonable wear and tear (vandalism, wilful damage) or accidental breakages. Common sense plays an important role in determining whether an issue is a defect or not.
Outstanding Items Period
For most BER contracts, the first six weeks of the 52 week defects liability period has been set aside as the ‘Outstanding Items’ period. During the six weeks the builder is encouraged to put in a concerted effort to rectify any omissions or defects identified at the time the
Certificate of Practical Completion was issued as the school moved in. It will assist the builder if the school pays particular attention in the lead up to practical completion and in the first few weeks of occupation to identifying any defects and advising the builder in writing of
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the nature of the defect and the urgency in which it needs to be rectified. The builder should also be contacted by phone if any defect requires urgent rectification.
If after the six week period has elapsed further defects are identified, the builder should again be notified in writing of the nature of the defect and the urgency in which it needs to be rectified.
Reporting Defects
Many builders have their own forms for reporting defects but for those that don’t, the attached form could be used. A copy of the form should be provided to DTEI, which will then be in a position to effectively administer the contract with the builder, ensuring that proper attention is given to rectification of the defects. It is recommended schools establish a
Defects Register to record defects and note actions by builders.
Builders take pride in their work, care for their reputations and will work with schools to fix defects, however it is inevitable that some disputes will occur. Advice is available from the
Department of Education and Children’s Services (DECS) Asset Support Centre on
1800 810 076 if assistance is required to determine whether an issue is a defect, or in circumstances where a builder denies liability. The Asset Support Centre will liaise with
DTEI where required to resolve any issues. Schools are requested not to undertake repairs or alterations without the prior agreement of DECS, which will notify DTEI as any such action can affect the builder’s contractual obligations to rectify defects.
Note that in all circumstances your BER builder should be the first point of contact for defects rectification, not your facilities manager (BMFS or Spotless).
$250,000 projects
These smaller value contracts do not have the six week ‘outstanding items period’. They also have a shorter defects liability period of 26 weeks. However the process for notifying your builder that a defect has been identified is the same as for the higher value BER projects.
The Builder should be notified in writing of the nature of the defect and the urgency in which it needs to be rectified. The Builder should be contacted by phone if urgent issues need to be addressed. Again note that your BER builder is the first point of contact, not your facilities manager (BMFS or Spotless).
DTEI has established an information hotline if you have any enquiries relating to design or construction matters. Please don't hesitate to ring the number at (08) 8207 7122.
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Project:
Defect number:
Date of notification:
Date defect discovered:
Defect description:
(For use after Practical Completion)
Defect location (please be specific):
Photo attached (Yes or No):
Defect reported by:
Priority:
1 = Same day – 1 day
2 = 2 – 5 days
3 = more than 5 days
Contact Person Name:
Phone No / Email:
Details of defect completed
Project:
Date attended:
Date completed:
Description of defect rectification work completed:
Contractor Name:
Contractor Representative:
Phone No / Email:
CC: Project Services
Department for Transport, Energy and Infrastructure
Level 2, 211 Victoria Square, Adelaide SA 5000
GPO Box 967, Adelaide SA 5001
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