We manufactured items to be shipped to a site and installed alongside other components in a larger assembly under an NEC3 ECC Option A. The item we produced was inspected by the Employer and passed to be delivered to site, this was then installed and a few weeks later, the remaining components were installed too. The Employer has now spotted a small cap missing off one of our components, but due to the time passed is a much much bigger job to break it all back down and deliver back to us to fit. They are trying to pass the whole cost which is 6 figures on to us as cost of correcting a defect. If this had been spotted immediately would have been a ten minute job. We admit the defect is our fault but where does the liability end for all the additional work required to dismantle?
Sorry but it is your obligation to provide the works in accordance with the Works Information. You are obliged to correct your defects. The fact it will cost you a lot more to correct is still your problem. Their acceptance does not change your liability to provide the works in accordance with the Works Information.
The only other option is by proposing not to correct the defect and offering a saving (see clause 44) but they are under no obligation to have to accept your offer of a saving.
Sorry about that!