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NEC ECC: Defiinition of 'breach' or 'non performance'

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Grateful if someone could clarify for me, from a legal perspective, would a Defect under NEC3 constitute an event of ‘breach, default or non-performance’ under the contract?
asked Oct 17, 2019 in Testing and Defects by peter_johnson (290 points)  

1 Answer

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I am not a lawyer, but here goes ...

It could be, BUT the procedures for correcting a defect are stated in the contract in NEC3 ECC clause 43. Further, the remedy if the Contractor does  not correct a Defects within its defects correction period is stated in clause 45.1.

So, without knowing the context of why you ask this question, I would suggest that the first port of call if there is a Defect is to follow the contract, rather than resort to common law legal remedies.
answered Oct 17, 2019 by Jon Broome Panel Member (65,620 points)