Answered: NEC ECC: Correction of Defects and Design Limitations

The Contractor has to design and construct the works in accordance with the Works Information and the Law. In carrying out the design, the Contractor is obliged to apply his reasonable skill and care. Unless the requirement for cable management is expressly stated in the WI (and it seems it isn't) or expressly required by the Law (and it seems it isn't (unless there is a requirement in the Workplace Regulations) then you need to consider whether the C has used reasonable skill and care.

The test for that would be whether a typical contractor would have allowed for cable management. To ascertain that you could look at any guidelines, recommendation etc that may be relevant. A risk assessment from the C is a good starting point as the C should have addressed the hazard whether by design or otherwise.

If it is determined that the C should have installed cable management then it is a Defect and it needs to be corrected. There is no need for a compensation event to arise as nothing is changing.

If the defects correction period has expired, and it looks like it has, then the E can engage others to carry out the work and the C pays the amount of the cost as assessed by the PM. This can be deducted from any amount otherwise due to the C.

However, if the C later demonstrates that he did not have to include for it, then the E would have to repay that amount.