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Answered: NEC ECC: Defects, Burden of Proof.

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As this is a civil contract, you do not have to 'prove'. It is on 'the balance of probability'.

So the Supervisor asserts from a broad brush inspection that the service run has become corroded due to the build not being watertight and notifies a Defect. In the absence of any counter-evidence, there is a Defect.

Your M&E specialist does a more detailed inspection and concludes otherwise. I.e. there is stronger counter-evidence, so the balance of probability swings in your favour.

The Supervisor needs to do a similarly more detailed inspection and hopefully come to a similar conclusion as your specialist. If this is not the case, then I suggest a more specialist M&E inspector is called in to look at a range of a matters. Note that if they find in the Supervisor's favour, then you will have to pay under clause 40.6 (NEC3) or 41.6 (NEC4).

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