In a NEC3 Option A design and build contract, who is liable for the cost of correcting a design error after it is built?
@MylesScrancher is this something you would be able to advise on?
@turleya This very much depends on whose design responsibility the particular part of the works you are referring to was.
The Scope sets out which part of the works the Contractor designs (clause21.1). If the design error was that part of the Scope for which the Contractor was responsible (even if the Project Manager had accepted that design) the Contractor is responsible for correcting the error (clause 14.1).
If the error was in the design provided to the Contractor by the Client (the Scope) and the Contractor constructed the works in accordance with the Clients design (the Scope), if the Client wanted this to be corrected the Project Manager would have to issue a compensation event changing the Scope and the Client would bear the cost of correcting.
I hope this helps