NEC 3 Option B Disputed Defects

[turleya]

Can the Contractor refuse to correct a notified defect on the basis that he considers it to be a design defect and not a construction defect?

[dave_bates]

please see the response to the following by Neil Earnshaw

ECC Option A contract - Defect

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?