Is the Contractor required to correct a Defect if Option X15 is used?
When a Defect in the Contractor’s design is found, he is required under Clause 43.1 to correct it. Without Option X15, the Contractor is liable for such a Defect and therefore corrects it. However, if Option X15 is used, if the Contractor can demonstrate that he used reasonable skill and care when designing that part of the works, he is not liable for the Defect. The Contractor will still be required to correct the Defect, but the correction is a compensation event.