Under an NEC3 ECC Option C contract can the Project Manger raise and early warning in relation to defects not corrected after Completion Date and before the defects date?
Core clause 45 may also be used to manage Uncorrected Defects, but an early warning and potential risk reduction may be a better approach for escalation.
Hi Pete, it is important to be aware that the PM has limited authority to do things under the contract, for example the contract does not give the PM the ability to extend the defect correction period, once a Defect has been notified (42.2) and access has been given (43.4), the Contractor must correct the Defect (43.1) and do so before the end of the defect correction period (43.2 & 43.4).
So with respect to your suggestion, whilst it may sound sensible it is not in accordance with the contract, if the Employer and the Contractor want to agree to extend the time to correct the Defect they should enter into a clause 12.3 agreement. If the PM does anything different to the contract they are technically in breach and at risk of being pursued by the Parties.
Clause 45 also does not give the PM any discretion as to whether they implement it or not, if access was given and the Defect has not been corrected within the defect correction period, the PM must assess the cost to the Employer of having the Defect corrected by other people and the Contractor pays the amount to the Employer.
Hope that helps clarify the situation.