NEC3 ECC: Defect that causes no impact

Equipment fabricated off site by supplier which was later found to be out of tolerance by 10mm to the W.I. The surface of the defect is less than 1% of the overall area of the equipment and the impact has been independently assessed by a 3rd party to prove there is no impact. The defect also has no impact on the day to day operation and the equipment is currently being used by the client without any restrictions.

Under the circumstances you describe, Clause 44 allows the Contractor to propose to the Project Manager that the Works Information should be changed so that the Defect does not have to be corrected.