NEC ECC: Under an Option A contract how are the Employers Costs of correcting a Defect after Completion recouped if there is no retention available?

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One must assume that the PM/ Supervisor has followed the procedures for notifying the correcting of defects and that the Defects Certificate has not been issued

clause 45.1 explains the procedure for having the cost of defects assessed by the PM and if no monies are outstanding, then the Emplyoer can only invoice the Contractor for the amount and pursue any non payment as an outstanding debt through the Courts.

Would the pursuance of the debt go straight to the courts or would you have to go to the Adjudicator first?