Clause 11.2(5) describes a Defect as something that is “part of the works that is not in accordance with the Works Information”
Clause 11.2(19) defines the Works Information as what “specifies or describes the works or states any constraint on how the Contractor Provides the Works”
clause 11.2(13) defines “Provides the Works” as meaning to do the work necessary to complete the works in accordance with the contract
So my question is… Is failing to comply with a constraint on how the works are provided a “Defect” and as such appropriate to be notified by a Notification of Defect?
It is not something that is a physical part of the “works” so I’m not sure because by not complying with e constraints means that the Contractor is not Providing the Works in accordance with the Works Information