NEC ECSC Option A Contract - defect correction period

NEC3 and NEC4 Contracts Testing and Defects
1

Under a NEC4 ECSC Option A Contract, a project is very nearly complete with only one outstanding Defect. All parties (including Client) are happy to accept handover/completion, but we agree the defect will be corrected by the Contractor after Completion is certified (30.3).

We shall notify the contractor of the Defect, however within the contract is states that the Defect is to be corrected within the defects correction period (4 weeks). However us (the Client) understand that the one Defect can not be fairly corrected until better weather conditions and other circumstances are clear. This will be in 12 weeks time. Can we notify them under 42.3 and state that a longer defects correction period is allowed?

Thanks all

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Hi, there is no provision in the contract to agree an extension to a defect correction period other than utilising clause 12.3 but there is another way. Under clause 44.4 the Project Manager has to arrange for the Client to allow access to and use of parts of the works in order that a Defect can be corrected, if the Client sets the date for access as 12 weeks from now then the defect correction period will begin when the access and use have been provided, as per clause 44.4.

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Thanks for that Steve. The only slight problem is, clause 44.4 is in ECC, and I am using the ECSC contract. I presume our only option is to comply with 12.3?

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4

Hi, apologies I missed that, :man_facepalming: Yes 12.3 is the only way, best to keep it formal.

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Good lesson for me today. I think NEC should put ECC 44.4 into all ECSC. Or I will include within Z cause next time, save me time for getting signatures :smiley:

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