NEC ECC: Defects Date

Should the Defects Certificate still be issued at the Defects Date if the procedure outlined in Clauses 44.1 and 44.2 is underway but not been concluded?

The Supervisor is obliged to issue the Defects Certificate either at;

  • the defects date,
  • the end of the last defects correction period, if a later date.

Any outstanding contract administration procedures should not affect the issuing of the certificate, so in response, yes it should still be issued.

Although a compensation event is not notified after the defects date, the matter in question under clause 44 is not a compensation event, as stated under clause 60.1(1).