I would be grateful for some advice.
We work for a main Contractor.
For 2 years Defect Notices have been raised by the Supervisor to us via a template on an EDMS in accordance with the Contract/WI (the requirement to use the EDMS has been rigorously applied by the PM…).
Following Takeover of a Block of apartments, the Supervisor has changed the process for administering Defects and we have not been instructed the change by the PM. (The Defects Date is 12 months from Completion).
The Supervisor is now passing a spreadsheet of Defects from the Employers FM team to us by email.
The Defects raised to us by the Supervisor are not being checked by the Supervisor, which means the majority are not Defects as defined by the Contract.
The timescale to correct a Defect has been reduced from 4 weeks to 5 days.
The communication of the Defect Notices has changed from individual notices to multiple defects listed on a spreadsheet. (This make administration to our sub contractors more onerous).
The communications from the Supervisor are now by email, but previously we received a PMI which instructs us to only use the NEC templates on the EDMS.
The PM has provided a single blanket communication stating that the Employer provides access to correct the Defects and considers he has discharged cl 43.4. Since there are tenants in the apartments and access is not guaranteed we are unsure how this affects cl 45.
The PM is now sitting on cl 43.1 and requesting we correct the Defects regardless of the changes.
(It is probably worth noting that the employer is withholding a %age of our payment each month for incomplete works based on the total value of the Defect Notices).