In the scenario where there are Contractor designed works, the Contractor provides works information which the Project Manager rejects - as not being in accordance with the works information requirements for Contractor designed works.
In light of your comments on clause 25.2, please confirm if the design of the above Contractor designed works is deemed to be a "service" provided by the Contractor to carry out the "works" - but would not form part of the "works", thereby defect notices would not apply in accordance with 11.2(5).
Accordingly in the above scenario, Clause 25.2 would apply, no defect notice would need to be raised by the Project Manager under 11.2(5), instead the Project Manager simply carries out an assessment of the re-design costs (ideally in agreement with the Contractor) and the Contractor then pays this cost under 25.2.
I see no reference within C11.2(25) to confirm that the above clause 25.2 PM assessment would be disallowed cost, in light of this please confirm what the procedure for this payment should be. I.E should the Project Manager simply adjust the next monthly Assessment of Amount Due by removing the amount of the Project Manager's clause 25.2 assessment? - or should the Project Manager simply invoice the Contractor separately?
This is a significant issue for us as we have substantial items of contractor designed works in the pipeline!