NEC Option B - Defective Work

New roof covering on flat roof.

Roof covering now cracked & lifting

Contract was Design & Build, contractor only emailed PM to advise their proposals, PM not objection.

Works Info only specified ‘apply a waterproof covering’

X15 clause in Contract Data Part 1.

Can the PM issue a defect?

I’d it’s design and build, likely answer is yes

Thanks.

What if though, the Contractor can demonstrate reasonable skill and care?

In a design and build scenario, executing the work would involve the following

  1. Producing a design basis statement, which outlines all the standards, codes of practice etc, which the design will rely on
  2. Complete an investigation of the pre existing conditions to certify the design basis
  3. Execute the design and obtain a CAT 2 check
  4. Produce an inspection and test plan to outline how the completed work will be checked
  5. Completed checklist to demonstrate that the various inspections and tests took place

By the sounds of it, very little of the above took place