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Answered: NEC ECC: Payment/ Assessment for works/ Price for Work Done to Date (NEC3 ECC Option A)

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From reading your comments, my first observation is to say that 'incomplete works' are not a Defect.  A Defect is a part of the works not 'in accordance' with the Works Information, applicable law or accepted design, which means that 'the works' are completed but the end product is not how it is 'supposed' to be.

In this instance you would not certify Completion as the Contractor has not done all the work which the Works Information states.  With regard to payment, the activities have not been completed, therefore you would not include them in an assessment of PWDD.

Just because the Employer can 'use the works' doesn't mean they are 'complete' for the purposes of Completion or payment.

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