I wonder if you can help. Under a NEC3 ECC contract structural works were undertaken where a Defect existed where a structural joint in a retaining wall was leaking. The contractor was not in a position to correct this therefore it was deemed to be a Uncorrected Defect. To the solve the problem another Contract covering the fit out works provided a solution internally to mitigate the issue.
My question is: Can the costs incurred by the the client in extra design and construction cost under the Fit Out contract be recoverable from the Structural Works Contractor under a different contract?