NEC ECC: Supervisor missed a defect, what is their liability?

Site Supervisor missed a requirement buried deep in a specification document and the Client is subsequently holding her responsible. What are the liabilities of a ECC SS when the wrong material was used, but they didn’t pick it up?

The contractor has used the wrong fixings on a structure and the structure does now meet standards. The NEC Site Supervisor did not recognise that a specific fixing needed to be used. The Client is now blaming the ECC SS. Arguable this person should have identified it but I assume this does make them liable for the Contractors WI.

It has been raised as a Defect within the defect period.

Acceptance by the Project Manager or the Supervisor under the contract does not change the Contractor liability to provide the works or for their liability for their design.

Whilst the Supervisor should have spotted this, it is still the Contractor responsibility to meet the requirements of the Works Information and it is their defect to correct. This does not become the Supervisor liability even if they “accepted” or “signed off” this item.

Glenn is absolutely right with regard to the Supervisor and Contractor’s liabilities under the NEC3 Engineering and Construction Contract. If the error by the Supervisor was so obvious, then the Client/Employer might have recourse under the professional services contract used for not exercising reasonable skill and care.

However, as the liability falls on the Contractor for the Defects under the ECC, what damage has the Employer/Client suffered?

The consequence of this is one of three options, as follows: a). the Employer accepts that the structure will not be capable of taking the designed load b) fit additional structural braces to the structure c)rebuild the structure. This is yet to be agreed.