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.

5,760 questions

6,178 answers


Register its Free

Download here

NEC ECC: At what point does the PM assess cost of correcting Defects under Clause 45.2

0 votes
If the Employer chooses not to grant the Contractor access after Completion has been certified to correct a Defect as per clause 45.2, when should the Project Manager assess the cost to the Contractor of correcting the Defect?

Should the PM assess the cost immediately and  deduct the amount from the next payment assessment or should he wait until the Defects Certificate has been issued to deduct the money?

Option X16 has not been used so there is no Retention.
asked Nov 6, 2019 in NEC3 and NEC4 Contracts by Michael Boulton (240 points)  

1 Answer

0 votes
As the 'breach' by the Employer has happened and as there are assessment dates up to the defects date, my opinion would be that the Employer should assess the cost more immediately.

Applying a common sense perspective, If there is then any difference of opinion over this assessment, then it can be ironed out by discussion by the final assessment date immediately after the Defects Certificate is issued. Ideally, this discussion happens before so the PM does not make a guess at what the Contractor's costs without involving them..
answered Nov 7, 2019 by Jon Broome Panel Member (64,230 points)