Under a NEC3 Option C contract the Contractor has not installed the works as per the Accepted Design therefore it is a defect.
The defect correction process under section 4 states that there is the possibility of correcting, accepting or it may be left uncorrected by situation.
Is it possible to re-submit a new design for acceptance to the Project Manager that would not essentially “correct” the defect to as per the previously Accepted Design but would still meet the requirements of the works information.
Example a cable cut too long now does not sit in the previously accepted route path however it is terminated at both ends now. The cable could be moved 5m to the right of previously agreed route and re-verified through design to show compliant with WI constraints. WI does not constraint route path/direction.