Supervisor Defect Notices

Our Supervisor is notifying Defects before Completion in accordance with our D&C Contract but in some instances does not explain whether the work does not comply with the Works Information or is not in accordance with the applicable law or has not been constructed in accordance with the Contractor’s design which the PM has accepted. When we asked for this detail, such as marked up drawings showing locations, the Supervisor simply invited us to explain under which clause of the Contract the Supervisor is required to provide justification for a Defect with specific reference to clause 11.2(5).

Is the Supervisor required to explain why the work covered by the notice is defective?

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Hi, that is a ridiculous response to your question. The answer is yes, it is the mutual trust and co-operation, 10.1 [NEC3], 10.2 [NEC4]. I take it the contract is NEC3, so clause 42.2 does say the Supervisor notifies a Defect as soon as they become aware of it and clause 11.2(5) is as you described, so what is the Defect? Surely the Supervisor has to elaborate otherwise how will the PM know what to assess under clause 45.1, if they won’t do it for you then they can try their answer with an Adjudicator and see how they get on.

How are they notifying the Defect, they must be making reference to something?

If you can provide a bit more information maybe we can help.

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I’m guessing NEC3 ECC given the clause reference. I agree with Steve, this is at best unhelpful.

However, I don’t believe there is an explicit requirement for your Supervisor to explain how a part of the works is defective. On the other hand, a notification of a Defect that doesn’t say what is wrong is not much use to anyone. I can’t think of any good reason why you wouldn’t spell it out.

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