Expert advice in minutes not days. Register it's free and ask your first question now.
ReachBack is a free community help desk for construction professionals run by Built Intelligence. A library of high-quality questions from real users with answers delivered and curated by industry experts.

Do you want to update your skills in NEC3, NEC4, JCT, Procurement, CDM or Project management?

Sign up for one of our free online courses.

4,754 questions

5,050 answers

907 comments

Register its Free

Download here

NEC ECC: Works stated in the Works Information as not being required for Completion?

0 votes
66 views
The NEC3 Contract provides for the Employer to specify in the WI the works required to be complete for Completion to be certified. Alternatively the work required for Employer to use the Works is the test for completion. Both imply that certain works will be incomplete at Completion. Previous advice on this forum suggests that these incomplete works are not automatically defects and therefore will not be required to be subject to a dcp until notified. What therefore is the contractual time constraint for completion of these outstanding works?
asked Nov 29 in Time by Rob Pegg (120 points)  

1 Answer

0 votes
The previous advice is correct in that they are not AUTOMATICALLY Defects.

However, as a Defect is a part of the works not in accordance with the Works Information, then any incomplete work - from the time of signing the contract ! - would satisfy that definition.

Consequently, as you conclude, once enough work has been done to achieve Completion (whether as per the contract clause or by reference to the Works Information), once an item of incomplete work is notified, the Contractor has the defects correction period to correct it.
answered Nov 30 by Jon Broome (49,360 points)