NEC ECC: Temporary Work Design and Clause 23.1

If temporary works is submitted for acceptance as “Equipment” under Clause 23.1, does it mean Clause 11.2(5) is applicable to said equipment/temporary works?

i.e. Should the SIte Supervisor be raising defects if temporary works, that have been accepted by the PM, are not installed correctly?

No. The definitions of the terms Equipment at clause 11.2(7) and Defect at clause 11.2(5) when read together:

(1) A Defect is part of the works ( in italics) which is not in accordance with the Works Information … and

(2) Equipment is items … which the Works Information does not require him to include in the works (in italics).

Unless there is a positive statement in the Works Information to the contrary then Equipment isn’t generally incorporated into the works (in italics) and therefore cannot be defective in accordance with clause 11.2(5). If the Supervisor has concerns then maybe these should be communicated via the PM as an EWN. Remember if the Equipment doesn’t work this is a Contractor’s risk under the contract.