Under NEC Contract, what is the connection between the defects date ("DD") and the defect correction period ("DCP)?
- DD is at the end of the DCP
- DD is at the start of the DCP
- No direct connection
Under the NEC3 ECC Contract, the defects date is defined in the Contract Data Part 1 as being a period in weeks (typically 52) "after Completion of the whole of the works".
Until the defects date, the Supervisor and Contractor each notify the other of Defects as soon as they find them (Clause 42.2).
The defect correction period is also defined by in the Contract Data Part 1 as being a period in weeks (typically say 3 weeks). Under Clause 43.2, the Contractor is to correct a notified Defect before the end of the defect correction period. But, unlike the defects date this date is not necessarily tied to Completion. That is because Clause 43.2 also provides that "The defect correction period begins at Completion for Defects notified before Completion and when the Defect is notified for other Defects." So defects identified and notified whether prior to, or at Completion are to be remediated within the defect correction period for each Defect.
Accordingly, there may be numerous defect correction periods running:
- a defect correction period for each Defect notified prior to Completion, running from the date of notification; and
- additional defect correction period[s] for Defects notified after Completion and up to the defects date.
The Supervisor then issues the Defects Certificate at the later of the defects date and the end of the last defect correction period (Clause 43.3).
So, whilst the defects date could be at either the start or the end of a defect correction period, there is no direct connection between them.
Finally, it should be noted that whilst some of the wording of the clauses has been tweaked in NEC4 (and the numbering changed), the effect is the same save that an additional provision has been included to allow the Supervisor to issue the Defects Certificate prior to the end of the last defect correction period in the event that all notified Defects have been corrected.