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NEC3 ECC: Option C, what should the formal process be for warranties transferring to the Employer from the Contractor?

+1 vote
e.g. Contractor procuring Equipment such as a 412kV High Voltage Transformer to be installed and commissioned by the Contractor.

Does the OEM warrenty for the transformer stay with the Contractor until the defects period expires then automatically transfer to the Employer? If so, what is the formal paperwotk that has to be in place for an auditable trail to enable the Employer to go directly to the OEM to claim under the warranty.
asked Jan 13, 2017 in Title by anonymous   11 68 95
An anomaly of the Engineering & Construction Contract is that it does not have a Collateral Warranty option, unlike the Professional Services Contract (PSC), which is the legal instrument which allows, in this case, a direct agreement between the Employer and the Transformer supplier. Even if it did, all the PSC option says is that something like "The Consultant supplies collateral warranties in the form stated in the Scope".

So as Glenn says, given the ECC does not have this option, it is almost certaintly covered in the option Z clauses and Works Information.

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For clarity, Equipment are items used by the Contractor which do not remain as part of the works. You are probably referring to Plant; items included in the works.

The transfer of any warranty from the Contractor to the Employer will be dependant upon the wording of the particular contract. This may be set out either in Z clauses or as part of the Works Information.
answered Jan 16, 2017 by dave bates Panel Member (14,630 points)