What is the procedure if a defect is discovered after the Employer has taken over the works?
If the Defect is notified to the Contractor after the end of the liability date, the Contractor is not liable for the Defect. If Option X18 is chosen, the cutt-off period after which the Contractor is no longer liable may have been shortened. Otherwise, the Project Manager ensures that the Employer allows the Contractor access to the part of the works where the Defect is located. The defect correction period then commences from the point access to and use of the works has been provided (see Clause 43.4).