NEC ECC: Defects Date

NEC3 and NEC4 Contracts Testing and Defects
1

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?

2

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

  • the defects date,
    or
  • 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).