NEC3 ECC: Should the Contractor correct a Defect [for which his costs are reimbursed], is he also entitled to recover his costs should corrective works be required to the initial corrective works

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.

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Firstly, clause 40.6 states that the Contractor pays the amount assessed by the PM for the cost of repeating tests or inspections. Your wording of this question implies that it is an option C contract. That being the case, clause 40.7 further states/confirms that the Contractors cost of repeating the test/inspection is not included within the cost.

Your bigger question is does he get paid for correcting the defect on the defect. If the first was not disallowed then it is unlikely the second would be disallowed - but the Contractor is now significantly eating in to their gainshare (if they have any left) or increasing the amount of “pain” they will have to incur. The only bit you can disallow (unless your contract says anything different) is the cost of repeating test/inspections as stated above.