I am not a lawyer, but here goes ...
It could be, BUT the procedures for correcting a defect are stated in the contract in NEC3 ECC clause 43. Further, the remedy if the Contractor does not correct a Defects within its defects correction period is stated in clause 45.1.
So, without knowing the context of why you ask this question, I would suggest that the first port of call if there is a Defect is to follow the contract, rather than resort to common law legal remedies.
It could be, BUT the procedures for correcting a defect are stated in the contract in NEC3 ECC clause 43. Further, the remedy if the Contractor does not correct a Defects within its defects correction period is stated in clause 45.1.
So, without knowing the context of why you ask this question, I would suggest that the first port of call if there is a Defect is to follow the contract, rather than resort to common law legal remedies.