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Answered: NEC ECC: How is the assessment formed when accepting a defect under Option A?

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Until a quotation is accepted under clause 44.2 the Contractor will be liable to correct the Defect which should be enough motivation to encourage the Contractor to submit a quotation. Remember the Employer has contracted for the Contractor to Provide the Works without Defects and presumably both Parties have acknowledged that it's in everyone's interest to not have it corrected.

Also, the Employer doesn't have to incur costs as a result of the Defect, what the Employer is doing by accepting it is saving the Contractor the cost and potentially time associated with rectification, these factors should be considered in the quotation.

Note that unlike with compensation events, the quotation does not have to be based on Defined Cost plus Fee and PM does not have the right to assess the cost if they don't agree.

It would therefore make sense for the parties to discuss and agree the quotation before it is submitted, there might have to be a bit of negotiation in order to do this.

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