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NEC ECC: Defect or covered by Insurance

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A footway paving scheme has been given completion and take over by the client.

Does the contractor still hold the liability to correct paving that  becomes irregular or cracked because of traffic mounting the footway until the Defects certificate is issued under risk and insurance cl 80.2?

The same stance for anything else that gets damaged during the 52 week Defect period e.g if a car hits and damages the VRS Barrier.
asked Nov 7, 2018 in Risk and Insurance by RAW1985 (760 points)  

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I am not sure what clause 80.2 refers to as this is not a standard clause.   However, following the certification of Completion you remain responsible for correcting Defects, which is a defined term under clause 11.2 (6).

Although insurance policies are required to be maintained until the defects date, this does not include wear or damage to parts of the works taken over, as the liability for this risk transfers to the Employer / Client following take over, see clause 80.1.

Determine why the damage occured, that is whether it was due to the works not being in accordance with the Works Information / Scope or for some other reason.  This will determine whether the matter is a Defect or an Employer / Client risk.
answered Nov 8, 2018 by Andrew W-I Panel Members (21,090 points)  
selected Apr 17 by RAW1985