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NEC3 ECC: Hidden/Latent Defect after Defect Date ?

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1- What is the UK Law for piping works regarding hidden/latent defect if no latent defect period is specified after the defect date in the contract data and have no specific clause in the contract ?
My understanding is that the contractor is no more liable after the defect date if no specific clause in the contract extend the liability. Am I correct or the UK law is giving a clear frame on that topic ?

2.1- If I am not correct and that the contractor liability is still engaged after the defect date for latent defect. Then if a hidden/latent defect is identified after the defect date by the Owner; what happens ?
Remedial works are not paid under clause 11.2 (25) for correcting Defects after Completion.

2.2- If I am correct, the Employer shall manage himself the remedial works.
Thanking you in advance for this support.
asked Mar 9 in NEC3 Contract Data by David  
   

1 Answer

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A latent defect discovered after the Defect Date remains the contractual responsibility of the Contractor until the end of the relevant limitation period under English law (in basic terms 6 years if the defects arises through negligence, and either 6 or 12 years if it is a breach of a contract or a deed).

The key distinction is that up to the Defects Date there is a right and an obligation on the Contractor to rectify and a right and obligation on the Employer to allow the contractor to so rectify. Once outside the period it will be a claim for breach or negligence.
answered Mar 17 by Rob Horne (9,030 points)