PM Instructing Additional Works After Defects Date

NEC3 and NEC4 Contracts
1

As the Contractor, we reached Completion of a scheme back in June 23, with a Defects Date of June 24.

Last week, the Client has been asked to carry out further works to the scheme, which they intend to instruct the Contractor to undertake via a PMI.

  1. Is the Contractor still obliged to carry out these works (they weren’t part of the scope)?
  2. Is the original contract terms/option still applicable?
2

Assuming you are on an NEC4 contract, Clause 61.7 states “A compensation event is not notified by the Project Manager or the Contractor after the issue of the Defects Certificate.”

3

If he hasnt issued the defects certificate he can issue an instruction for further work.
If he didn’t issue the defects cert but should have, you should raise a CE for his failure to do so.