Defects and Testing of Defects

Question 1

What is a defect in Contract Management?

Answer 1

Works’ which carry different characteristics compared to the works’ described in the WI. An example of this would be cracking or if the Works have not been carried out as it should have.

Question 2

When is the PM/CA able to issue an instruction regarding the testing of defects

Answer 2

Whenever he is suspicious of a defect, usually during the Supervisors/supervisors assistants inspection

Question 3

What is a latent defect? What is a patent defect?

Answer 3

Latent defect - defects which are not discover-able by a mere inspection

Patent Defect- defects which are discover-able by an inspection

Question 4

When is a defect test is viable?

Answer 4

When the PM or Supervisors assistants gains suspicion of a defect during the Works’ or during the inspection

Question 5

Is there a difference between the JCT and NEC regarding defects?

Answer 5

JCT
The A/CA must provide an instruction of a schedule of defects NOT later than 14 days after the expiry of that Rectification Period.

NEC
Until the defect date, the Supervisor can instruct the Contractor to look for defects, with a reason.

Until the defect date, the Supervisor notifies the Contractor of each defect as soon as he finds it. The supervisor notifies the Contractor when he finds,

Question 6

What are the roles and responsibilities of the Supervisor?

Answer 6

The Supervisor is the custodian of quality HOWEVER the PM has the extensive powers.

the Supervisor exercises control over:

1. investigation
2. notification
3. certification.
4. notify the Contractor of any Defects they may
   discover

5.Control reverts to the Project Manager for acceptance of uncorrected Defects

Question 7

What are the roles and responsibilities of the Contractor?

Answer 7

1. Defects are the Contractors liability
   2.Notify the Supervisor of any Defects they may
   discover
2. Search for defects if instructed to do so
3. correct a Defect, whether notified of it or not;
   5.correct notified Defects within the defects correction period.

Question 8

What are the roles and responsibilities of the Supervisor?

Answer 8

1. Quality checker
2. Ability to exercise control over investigation, notification and certification
   3.

Question 9

What is the process for defect testing?

Answer 9

The Supervisor and Contractor notify each other
before their respective tests start and, when the
tests has been completed, they notify each other
of the results

Question 10

What are the consequences for not spotting or amending defects?

Answer 10

The Employer has the ability to hire a third party to amend the defects and surcharge the Contractor

Question 11

What are the roles and responsibilities of the Client?

Answer 11

The employer must provide access
The employer can inform the Contractor of defects.

HOWEVER the Contractor may not be liable for them if:

1. the defect liability period (X18.5/X18) has expired or;
2. the Contractors responsibility for latent defects has expired.

Question 12

What is provided after amending the defects?

Answer 12

Certificate of Making Good (JCT)
Defects Certificate (NEC)

Question 13

Who is liable if collateral damage occurs during defect testing?

Answer 13

Depends on whether there was a defect or not??

Question 14

Is a defect a compensation event?

Answer 14

No. Changing the Works Information in order to accept a Defect is one of the exceptions listed in Clause 60.1.

Question 15

What are the options for amending a defect?

Answer 15

Amend the defect
Not amend the defect
Have a third party amend the defect

Question 16

Do the defects have to be amended?

Answer 16

No, The PM or the Contractor can propose a change to the WI in order to accept a Defect. HOWEVER, the other party does not have to accept this proposal.

Question 17

What does the length of the defect period depend on?

Answer 17

how much time is needed to correct the Defect;
how urgently the Employer needs the Defect
corrected;
and how easily the Employer can give access to
the Contractor to correct the Defect.

Question 18

Is the Contractor responsible for correcting all

Defects whether notified or not?

Answer 18

No. The PM or the Contractor may alter the WI in order to accept a Defect. However, the other party does not have to accept this proposal.

If it is inconvenient of the employer to issue an instruction to amend the defect, he/she does not need to.

Question 19

What is the defects date?

Answer 19

The defects date is the earliest date when the Contractor is no longer liable under the contract for the correction of Defects

Question 20

What can the Project Manager do if a Defect is found

which is due to a fault in the Employer’s design?

Answer 20

The Project Manager may decide to change the design
and instruct the Contractor accordingly.

This would require a change to the WI, which
would be a further COMPENSATION EVENT under Clause 60.1(1) in addition to the compensation event which has already occurred under Clause 60.1(10).

Question 21

What might searching for a defect involve?

Answer 21

uncovering
dismantling,
re-covering
re-erecting work;

providing facilities, materials and samples for
tests and inspections done by the Supervisor

Question 22

What are the objectives of defect testing?

Answer 22

1. Test the performance of the works including the performance of items of Plant to demonstrate that they perform as detailed in the Works Information.
2. Assess the safety, reliability and efficacy of electrical, mechanical and other systems included in the works.
3. Test the performance accuracy and reliability of control systems and associated instruments and servo-mechanisms, included in the works.
4. Test structural, mechanical or pressure resisting strength of Plant, piping systems, structures or other parts of the works.
5. Test the properties of materials to be incorporated in the works for corrosion resistance, brittleness, flexibility, aesthetics, durability and strength.
6. Measure movement and settlement and soil characteristics in earthworks.
7. Check setting out, line, level and verticality.

Question 23

Where are tests conducted in NEC3 contract?

Answer 23

It should be mentioned in the WI

Question 24

When are tests to be done?

Answer 24

After the site possession date and Before the defect period

Question 25

Are tests to be done before Key Dates?

Answer 25

Yes. The Works Information should state what tests need to be passed before a condition for a Key Date can be said to have been met

Question 26

On what basis is a Defect judged?

Answer 26

The WI details the standards of quality

which the Contractor is to achieve.

Question 27

What is a Takeover?

Answer 27

Passing of care and risk

Question 28

What are the roles and responsibilities of the PM?

Answer 28

1. Responsible for acceptance of uncorrected Defects.

Question 29

What does the length of defect correction period

depend on?

Answer 29

1. how much time is needed to correct the Defect;
2. how urgently the Employer needs the Defect
   corrected;
3. how easily the Employer can give access to
   the Contractor to correct the Defect.

Question 30

When is the defect correction period?

Answer 30

between Completion and the defects date in which the Contractor is required to correct any remaining notified defects

Question 31

Which clauses are relevent to defects and defect testing?

Answer 31

Cl. 11.2,11.6, 40,40.2,40.3, 42.1,43,44,45.2 60.1, Option X15