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NEC ECC: More than one defects date?

0 votes
On certifying Completion, is it possible to have more than one defects date?

We have recently been made aware that the defect date, stated within CDP1, is different dependent upon which element of work it relates to, i.e.:

52 weeks for xxx, 104 weeks for xxx, 156 weeks for xxx... after Completion of the whole of the works.

This inclusion within CDP1 is presenting some confusion / debate as to when the remainder of the retention is released? and if it contractually correct to issue multiple Defect Certificates?

There is also no inclusion within the contract for sectional completion.
asked Jun 29 in Testing and Defects by NECUSER1988 (520 points)  

1 Answer

0 votes
It is possible and I have both come across this and been asked to do this by Clients in the contracts that I have prepared, although it does take some minor redrafting of the Contract Data text.

If the retention secondary option is specified, the important thing is to be clear about when the final retention is paid back i.e. which defects date it applies to.
answered Jun 30 by Jon Broome Panel Member (65,620 points)  
The secondary option X16 is specified, however there is no acknowledgement of more than one defects date?

Would this therefore default to the latest of the defects date, i.e. 156 weeks?
Unfortunately I think in this case there would only be one release of final retention at the point the Defects Certificate which would be after the final Defect Date. As Jon has said to get different Defect Dates there would have to be a Z clause and/or different dates stated in contract data part 1. When you said you have recently been made aware of different dates in CD1, you should not really have needed to be made aware as a Contractor should have read those inside out and know the content.

So in the same way they adjusted the contract to allow for different dates in the first place, you could have proposed a proportional retention release as well to try to get their agreement of this.
In which case, as Glenn says, it is probably the last defects date upon which retention is paid back (assuming all Defects are corrected).