Clause 43.1 repairs NEC 3 short

We have completed our works and as part of this we have had to clad a building. Since leaving site the client have had vandalism on the cladding in the form of spray paint.

The project manager is saying under clause 43.1 we are responsible for repairs to the works, plant or materials.

Is this the case for vandalism and in this case spray paint, even though the building fabric is not defective??

The obligation to repair damage to the works continues until when the Defects Certificate has been issued, so the Project Manager (actually Employer under the ECSC) is correct.

If the damage is not caused by a fault of the Contractor or could not have been reasonably prevented, then it is a compensation event at sub-clause 60.1 (14) so you should notify this accordingly.

I note that the requirement to provide insurance for Loss of or damage to the works is only up to when Completion is certified so the Employer should have taken out such cover from that point.