In answering this question,, I am assuming you are the Supervisor or have been delegated his / her powers under the contract.
Under clause 42.2, "the Supervisor notifies the Contractor of each Defect as soon as he finds it and ... ". I am assuming you are notifying the Defects under this clause as opposed to clause 40.3 where you do a test or inspection and then notify the other of the results.
Under the contract as written, the Contractor has no obligation to correct a Defect until the end of the 'defects correction period' (in italics) which would start at Completion. That is unless the Defects were so major that they prevented the Employer from using the works or Others from doing their work - see clause 11.2 (2).
There is no specific requirement under the contract for the Contractor to respond to your notification of a Defect even if you say "I want a response" so strictly speaking, by the contract wording, the Contractor is right.
If you believe that it is a major Defect which if lefty unaddressed might delay Completion or impair the performance of the works in use, then the Project Manager - not you as a Supervisor (which seems a bit of an oversight) - can notify and early warning from which actions etc can flow.
Under clause 42.2, "the Supervisor notifies the Contractor of each Defect as soon as he finds it and ... ". I am assuming you are notifying the Defects under this clause as opposed to clause 40.3 where you do a test or inspection and then notify the other of the results.
Under the contract as written, the Contractor has no obligation to correct a Defect until the end of the 'defects correction period' (in italics) which would start at Completion. That is unless the Defects were so major that they prevented the Employer from using the works or Others from doing their work - see clause 11.2 (2).
There is no specific requirement under the contract for the Contractor to respond to your notification of a Defect even if you say "I want a response" so strictly speaking, by the contract wording, the Contractor is right.
If you believe that it is a major Defect which if lefty unaddressed might delay Completion or impair the performance of the works in use, then the Project Manager - not you as a Supervisor (which seems a bit of an oversight) - can notify and early warning from which actions etc can flow.
