Who is responsible for accepting/confirming close out of a defect

NEC3 and NEC4 Contracts Testing and Defects
1

The contract has been written to omit the Supervisor and pass on his duties and responsibilities to the Project Manager.
The Works Information states that the Contractor must follow his own quality management procedures.
The way of working is for the Employer to issue a fault/defect form, the Project Manager confirm’s whether this is a defect under the contract and Notifies as such. The Contractor then remedies the defect. The Project Manager would provide technical and contractual advice throughout the process until the defect is rectified.
In this situation who has the ultimate responsibility for accepting/confirming close out of the Defect. Does the responsibility rest with the Project Manager with him visiting the site and viewing the rectified Defect or can he rely on the Contractors self certification system.

Thanks

2

I would suggest that that the PM (acting as the Supervisor) will be required to issue the Defects Certificate. The Defects Certificate lists any Defects that the Supervisor has notified before the defects date which the Contractor has not corrected or, if there are no such Defects, a statement that there are none. The PM (acting as the Supervisor) will therefore need to satisfy himself that any notified Defects have been corrected or not.

3

If the PM has taken on the duties of the Supervisor then the role must rest with the PM in the same way as if rather than omitting the Supervisor the same name had been filled in for both PM and Supervisor.

The means by which you identify and address defects at a site practical level does not change that in my view.