I am the NEC Supervisor and during commissioning was offered to inspect the new installed ducting and ventilation system. I met with the contractor and during the inspection highlighted the site was still dusty and the ducting and ventilation were dirty. I requested evidence of cleaning. I believe it was cleaned but it was cleaned whilst the site was filled with dust and this was then pulled into the system making the cleaning pointless. The installation was not signed off. The Employer was under pressure to takeover the building /works. The contractor now states this is not a Defect.
I have responded.
I believe that under clause 20.1 of the NEC 3 ECC Option C contract the Works have not been provided in accordance with the Works Information. Therefore I am issuing this as a Defect under the Defined Terms Clause 11.2(5).
Therefore as per clause 10.1 in the spirit of mutual trust and cooperation I expect the Defect to stand until the evidence is provided.
Is this correct?