We are currently running a Contract using NEC3 ECC Option C.
1) Our query relates to Defects and what is deemed as being a Disallowed Cost under clause 11(25).
For example if the Contractor constructs a road with materials not in accordance with the Works Information this would be a Defect, however,
a) Would this be a Disallowed Cost under the Contract?
b) Or does the cost of remediation become part of the Defined Cost?
2) Furthermore, can you please clarify what is meant by clause 25.2, if “Any cost incurred by the Employer as a result of the Contractor not providing the services and other things which he is to provide is assessed by the Project Manager and paid by the Contractor.”
a) Does a Defect mean that the Contractor has not provided the service in accordance with the Works Information?