Under an NEC3 Option A cracking is present with a recently built external wall. The Employer was responsible for the design. The Contractor has followed the Works Information. Is this a Defect?
I believe I read somewhere that a defect in the Employers Design is not a Defect as 11.2(5)
A Defect, with a capital ‘D’, is defined in the contract as a part of the works which is not in accordance with the Works Information and the Works Information describes what the Contractor has to, not what they will find (which is the Site Information).
If the Contractor has built the wall to the Works Information and followed standards in doing so, then it suggests that there is an inherent flaw in the Employer’s design. Easy to say, harder to demonstrate.