NEC3 ECC Option C - Does the Contractor correct at defect at their own cost during the Defects Correction Period?

In this instance, the fence panels that surround the site were the last to be installed before Completion. They were not to the required specification and now the Completion Certificate has been issued this defect falls within the Defects Correction Period. Is this now a Disallowed Cost and to be corrected at the Contractor’s own cost?

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Yes.

Cost of correcting defects after Completion is a disallowed cost - 11.2(25). Therefore any defects corrected after Completion has been certified and up to/including the Defect Date the Contractor would have to correct any defects at their own cost.

It is important that the Defect has been notified to the Contractor as being a Defect.