NEC ECC: Appointing others to correct uncorrected Defects

NEC3 and NEC4 Contracts Testing and Defects
1

On an NEC3 ECC Option A contract. Project has been certified as Complete and Taken Over. One month before the Defects Date.

Having afforded the C the necessary access to correct notified Defects we find ourself in a position where the Defect Correction Period has expired for many Defects and the C would rather debate validity and propose half baked corrections rather than do the work. Patience has expired with the user, E, myself as PM and the S, so the S has now written to the C to notify him of our intentions to have others correct the works and I will deduct from their account. What is the process of invoking clause 45? Do we need to do anything further?

Furthermore, the C seems ignorant to this notification and is still plodding along in the same manner. I presume that as the PM it would be beneficial to remind the C that they are not to proceed any further where it has been decided others will be appointed? And that they have now lost the opportunity.

2

No under clause 45 you just need to notify them in writing the fact that you will get others to correct as they have failed to do so within the defect correction period. The Project Manager should give them a very clear written instruction not to do any more work on that defect which they are obliged to follow. They would then be silly to continue as under option A they would have no means of recovery of cost for any work they are doing that is not already on the activity schedule (other than compensation events which obviously this is not).