NEC ECC: Uncorrected defects 45

NEC3 and NEC4 Contracts Testing and Defects
1

With regards to the timing for exercising clause 45 - Uncorrected defects

If a notified defect has not been completed by the end of the period stated in Contract Data part 1 for the defects corrections and despite proposals from the PM, shows no intention of utilising clause 44 in Accepting defects, at what point can the PM close defects out by using clause 45, is it after the defects correction period, after the defects date (say 12 months after Completion) or another?

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2

Provided appropriate access was given in order to correct the Defect, then the PM can take action under clause 45 following the expiry of the appropriate defects correction period.

To initiate discussion, the PM could assess the cost of having the Defect corrected by other people and communicate this information to the Contractor, prior to taking any further action.