The PM has notified us of several defects which we have provided detailed responses on why we do not consider them defects.
One is a design issue in our opinion which we are not responsible for.
The reply we have had is yes it is a defect with no solid reasoning or proof to back this up.
We believe there are reasonable grounds to show these are not defects and we should be paid to rectify them.
How do we resolve this?
From the way you describe, it sounds as if the only way is to refer it to the Adjudicator as a dispute but first consider this. A Defect is defined under clause 11.2(6) as work not in accordance with the Scope or Contractor design that has been accepted by the PM, so check the notified Defect against the Scope or Contractor’s design. If it is a Defect you are obliged to correct it, has Completion been achieved and certified?
If you’re convinced it’s not a Defect then write to the PM and the Super explaining why, if the PM does not agree then the only remedy is to refer.
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