The Contractor’s design for an item of Equipment was accepted by the Project Manager but has since failed. Which Party is liable?

NEC3 and NEC4 Contracts General
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The Contractor’s design for an item of Equipment was accepted by the Project Manager but has since failed. Which Party is liable?

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The Contractor will be liable. Even if his design for Equipment is accepted by the Project Manager, if it fails because it does not comply with the Works Information, the liability is the Contractor’s.