Introduction
In our last blog post we discussed mitigation and construction disputes. We looked at a situation where a contractor refuses to rectify defective work and the employer engages another contractor to undertake the remediation. Subsequently, the employer seeks to recoup the remediation costs from the initial contractor. In those circumstances, we looked at the importance of considering whether the employer has mitigated its loss. Continuing the theme of defending an employer’s claim, in this post we consider betterment. A betterment defence is often run in tandem with mitigation.
Betterment relates to the correction of a defect in such a
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