Under the NEC3, Main Option A, the Guidance Notes state the Employer may employ others to correct defects once the DCP has expired. Until the expiry of the DCP does the Contractor have the Right (as well as obligation) to correct their defects, or can the Employer correct instead? Or in order to do so would they have to change the Works Information to effectively accept the defect first?
The Project Manager and the Contractor can agree to change the Works Information so that a defect is not corrected and the Prices are reduced by agreement to reflect that fact. See Clause 44.1.