Looking for some guidance on the accepted design and defect clauses of the ECC, I’m administering the contract under a design and build on an Option A. The PM has accepted the Contractors design and the Supervisor is currently using the drawings and specifications provided by the Contractor in support of his design to review the construction phases and implement the defects clauses of the contract as required.
This is where we have come to a bit of a discussion with the Contractor; the Supervisor upon finding a piece of work that does not reflect the drawings, has identified it as a defect, the design as a whole still reflects the requirements in the Works Information, however it is the fixing details that have changed and the drawing is a revision of a previously accepted drawing that may have potential cost implications and performance issues, the Contractor believes that the drawings that the Supervisor are using do not reflect the construction of the works as they are not detailed construction drawings and therefore within his gift to amend as long as the design still reflects the Works Information. The PM considers this as a change and should follow the Defects procedure. Any guidance would be appreciated.
This is where we have come to a bit of a discussion with the Contractor; the Supervisor upon finding a piece of work that does not reflect the drawings, has identified it as a defect, the design as a whole still reflects the requirements in the Works Information, however it is the fixing details that have changed and the drawing is a revision of a previously accepted drawing that may have potential cost implications and performance issues, the Contractor believes that the drawings that the Supervisor are using do not reflect the construction of the works as they are not detailed construction drawings and therefore within his gift to amend as long as the design still reflects the Works Information. The PM considers this as a change and should follow the Defects procedure. Any guidance would be appreciated.