We are the project manager on an NEC3 Engineering and Construction Contract (ECC) Option C (target contact with activity schedule). The works are complete but there is a dispute about the performance of the works and whether it complies with the works information. The supervisor has notified a defect regarding this matter and the contractor is tabling proposals to correct the defect. The issue is complex and will require further investigation by both sides. The defects date is only a matter of weeks away and there is no possibility of agreement being made by then. We see the options as follows.
- Issue the defects certificate with outstanding actions, but is this even possible?
- Continue without issuing the defects certificate on the defects date to extend the period – again, is this possible and what are the implications?
- Use clause 45.1, although assessing the amount due is virtually impossible as any solution is as yet unknown.
We are really looking to just extend the defects date, can we do this?