Defect notification is actually additional work

Hi all,

Looking for some assistance here. We have received a defect notification under section 4 advising us to remedy a defect. We don’t agree that the item requested of us is a defect and rather amounts to a change to the scope. We subsequently notified under 60.1.1 that we believe this to be a change and presented our costs for doing the work. The client isn’t assessing and is instead saying that the work is a defect and should be fixed at no cost to them. Our stance is that if it’s no cost to them, that means we shoulder the cost for additional work?

We’re not going to get too precious as the job has done well margin wise but we’ve seen in the past where a lot of work gets slipped in to a defects register which we’re more than happy to fix our defects if it’s workmanship and materials that are the issue, but when it’s scope that the designers have missed, where do we stand? we shouldn’t have to pay for a designer that has missed some handrails off his drawings?

We are going to progress with this but was wondering what people would recommend to get financial recompense and get this rightly recognised as a CE rather than being a defect.

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Assuming this is an Employers design, then any items not shown/listed in the design pack would be a change to the Works Information and a CE 60.1.(1). Ask them to demonstrate where the “Defective” work was shown on the original design drawings.