NEC ECC: Accepted defects

When we were ordering some wall paper for a children’s nursery we made a mistake and ordered the wrong paper so it is not the one in the Scope. It was in the accepted programme as a code number and the Project Manager accepted it. Can this be claimed to be a defect?

No, it cannot be.

Clause 14.1 of both NEC3 and NEC4 clearly states that acceptance of a communication from the Contractor by the Project Manager or Supervisor does not change the Contractor’s liability under the contract.