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Can i issue a pay less notice which will hopefully incentivise a subcontractor to provide the Project Manager with a defects correction programme

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Can i issue a pay less notice which will hopefully  encourage a subcontractor to provide the Project Manager with a defects correction programme? We have asked for the programme but we are getting no response from the subcontractor.
asked Dec 19, 2019 in ReachBack FAQs by Tighthead3 (350 points)  

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The simple answer is 'no' as a notice to pay less than the notified sum ('pay less notice') is specific to the payment procedure and is applicable when the 'payer' (Contractor in your case) wishes to pay less than the amount stated in the relevant payment notice (usually a payment certificate).

The defects correction period begins at Completion for Defects notified before Completion, so any contractual actions, apart from notification, don't commence until after then, although from a commercial perspective the Subcontractor would be well advised to correct Defects prior to Completion.

No programme exists in the standard ECS form specifically relating to the correction of Defects, as this should be included on the programme submitted under clause 32.
answered Dec 20, 2019 by Andrew W-I Panel Member (25,540 points)