For example - The Contractor provides a recycled sub-base material which following inclusion in the works, is found to be non-compliant and thereby becomes a Notified Defect. Following discussion, the Contractor proposes to remove and replace the original material with another recycled sub-base material acquired from an alternative supplier. The proposal is accepted and the Contractor “corrects” the original Notified Defect. However and following placement, the alternative re-cycled material is also found to be non-compliant, and is notified accordingly.
Whilst the Contractor is permitted to recover his costs for the Correction of Defects prior to Completion, is he also entitled to recover his costs for the repeat correction of Notified Defects.