We are currently midway through an option A contract and there has been a number of defects. Although the Contractor has rectified some, there are a few that the Project Manager is willing to accept under 44.1/44.2 for which the Contractor is willing to accommodate. Given that the Completion date is a couple of years away, can we accept defects under 44.1/2 anytime prior to Completion?
Yes you would just need to give an instruction to change the Works Information to reflect what they have actually achieved, so that it is no longer a defect.
Don’t forget under clause 44 you could have teased out a quotation for a saving in order to accept the defect in the first place, as otherwise why should you accept a lesser standard and they get the financial benefit?