The Contractor is responsible for design on this particular project. Defects in welding have been raised by the Client and defects in poor choice of material have also been raised for their installation of some electrical equipment. The Contractor is citing X15 as a reason to dismiss these defect notices as true defects and the fact that the Client should not attempt to disallow the cost of re-work/defect correction. Furthermore he claims there is no specific constraint on him in the WI to show how he is to provide the Works therefore he also discounts the intended use by the Client to impose clause 11.2(25) on him. Surely the WI relative to design is a constraint in its own right. What about fit for purpose being an implied constraint since that is enshrined in law? I know I cannot copy the entire WI to you however there is a set of "Supplementary Conditions" which, under Inspection, states "If at any time before the Works are certified complete by the PM..........decide that any work or materials used......are defective....then the Contractor shall at his own expense.......make good the defects..........."
Can the Client reasonably disallow the corrective work?
Can the Client reasonably disallow the corrective work?