NEC ECC: Procedure for changing accepted design

I am ECC Supervisor for a design and build project. I raised a defect regarding construction differing from the accepted design drawings. The Contractor and I agree that what has been built is still functional and complies with the WI. For the PM to accept the defect does the Contractor need to reissue an updated drawing for acceptance?

Under clause 44.2 either Party can suggest that a defect is not corrected. There is the option for the Contractor to offer a saving if warranted/needed to incentivise the PM to accept the defect.

At this stage the PM should issue an instruction to change the Works Information to what has been installed. That then means that it is no longer a defect. The final as-builts/O&M’s issued at the end of the project will then pick up what has been actually installed.