Under an NEC3 Option A contract a contractor has yet to provide Warranties for individual packages (piling, steelwork, and design).
The client has instructed that a sum of money is retained relating to each of these packages until such time that the warranties are received. They determine that the Activity is not complete until the warranties are received.
There were no Z clauses added to cover this and the requirement for Warranties was not written into the Works Information.
In assessing the amount due can a sum of money be retained from the contractor for lack of warranties or is this deemed to be "retained" within the agreed retention figure?
A supplementary question, if warranties are required, should they be part of the Works Information or deemed within the fee?
Many thanks.
The client has instructed that a sum of money is retained relating to each of these packages until such time that the warranties are received. They determine that the Activity is not complete until the warranties are received.
There were no Z clauses added to cover this and the requirement for Warranties was not written into the Works Information.
In assessing the amount due can a sum of money be retained from the contractor for lack of warranties or is this deemed to be "retained" within the agreed retention figure?
A supplementary question, if warranties are required, should they be part of the Works Information or deemed within the fee?
Many thanks.