NEC ECS: Defects period and the Coronavirus impact

NEC3 ECS Main Option C, D and E.

Where defects are concerned after Completion, a number of projects are currently in the defects period, of which a couple have defects raised to be dealt with by the Subcontractor.

In light of the coronavirus situation, would a prevention compensation event under 60.1.19 be applicable during the defects period for existing known defects? and likewise if any new defects are identified in the future during the defects period?

Looking at the the words of 60.1(19), inability to correct Defects within timescales would not satisfy either of the criteria in the first two bullets of the clause. Consequently, ‘No’.