JCT ICD16 - Defect found after rectification period, Contractor unwilling to correct

If a defect is discovered some months after the end of the rectification period and the Contractor refuses to remediate it, can the Contract Administrator issue an Architect’s Instruction requiring the work to be carried out and follow up with a Compliance Notice if it is not? If that is not the correct process under the contract, then what is?

Hi there. Have a look at clause 2.30 that deals with this situation. If the Contractor has been asked to attend to the defect (having been asked) then you can make an adjustment to the Contract Sum by deducting the cost of repairing the defect or engage another contractor to deal with the defect and then make a deduction from sums due to the contractor…

Thanks for the reply. Just to clarify, should the Contractor be formally “asked to attend the defect” through an Architect’s Instruction, or is a simple email adequate?