# ECC Option A contract - Defect

**URL:** <https://reachback.builtintelligence.com/t/ecc-option-a-contract-defect/15520>\
**Category:** Testing and Defects\
**Tags:** fastdraft, nec, proposed-instruction\
**Created:** [23 July 2021 16:47 UTC](https://reachback.builtintelligence.com/t/ecc-option-a-contract-defect/15520 "2021-07-23T16:47:24Z")\
**Posts on this page:** 3\
**Page:** 1

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**Author:** ![dnachle](https://avatars.discourse-cdn.com/v4/letter/d/57b2e6/32.png) [@dnachle](https://reachback.builtintelligence.com/u/dnachle)\
**Post date:** [23 July 2021 16:47 UTC](https://reachback.builtintelligence.com/t/ecc-option-a-contract-defect/15520/1 "2021-07-23T16:47:24Z")

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A small area of paving in a recently constructed new car park has settled and is beginning to crack. This occurs before Completion of the whole of the _works_ in an ECC Option A contract. The _Employer_ is responsible for designing the _works_

a. **What should the** _Project Manager_ **,** _Supervisor_ **and** _Contractor_ **do next? What processes should be followed if it were a Defect?**

b. **What process should be followed if it were not a Defect?**

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**Author:** ![Neil\_Earnshaw](https://dub1.discourse-cdn.com/flex013/user_avatar/reachback.builtintelligence.com/neil_earnshaw/32/515_2.png) [@Neil\_Earnshaw](https://reachback.builtintelligence.com/u/Neil_Earnshaw)\
**Post date:** [26 July 2021 10:15 UTC](https://reachback.builtintelligence.com/t/ecc-option-a-contract-defect/15520/2 "2021-07-26T10:15:04Z")

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Firstly the parties need to establish if there is a Defect or not, as the Employer designed the _works_ it could be defective design rather than defective construction. The Supervisor should instruct the Contractor to search under clause 42.1 (assuming NEC3 ECC) if a Contractor’s Defect is found then usually the Supervisor would notify this as a Defect and the Contractor should rectify it. This doesn’t sounds like a major issue so it probably wouldn’t prevent Completion being achieved, in which case the Contractor would have to correct it within the _defect correction period_ after Completion.

If it was discovered that the cause of the settlement was defective design then the Project Manager should issue an instruction under clause 14.3 with a revised design detail that will rectify the problem. The Contractor should then implement this instruction and would be entitled to a compensation event under clause 60.1(10) as no Defect was found and also under clause 60.1(1) for changing the Works Information i.e. issuing new design detail.

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**Author:** ![dave\_meller](https://dub1.discourse-cdn.com/flex013/user_avatar/reachback.builtintelligence.com/dave_meller/32/55_2.png) [@dave\_meller](https://reachback.builtintelligence.com/u/dave_meller)\
**Post date:** [5 August 2021 08:24 UTC](https://reachback.builtintelligence.com/t/ecc-option-a-contract-defect/15520/3 "2021-08-05T08:24:55Z")

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I think this is a question in the NEC Project Manager accreditation exam.