NEC was first published in 1993 as the New Engineering Contract. It is a suite of construction contracts intended to promote partnering and collaboration. The third edition, NEC3 was published in 2005.
Until the defects date, there is an obligation on both the supervisor and contractor to notify each other as soon as they are aware of a defect, although the contractor is obliged to rectify a defect whether or not they have been notified of it, and may even be instructed to search for a defect, although the reason for this must be given in the instruction.
The defects date is set out in the contract data and is a duration from the completion date, rather than a specific day. That is, the duration is the same whether or not the completion date set out in the contract is achieved. Typically the defects date is 26 or 52 weeks from the completion date.
At, or just after the defects date the supervisor issues a defects certificate, which either certifies that there are no remaining patent defects, or lists any uncorrected defects. This triggers the release of any remaining retention, although if there are any remaining defects listed on the defects certificate, a withholding notice may be served and retention may continue to be held.
The defect correction period defines the maximum period within which the contractor must rectify a notified defect. Different defect correction periods can be specified for different types of defects. The only circumstances when the defects certificate might not be issued on the defects date is if a previously notified defect has a defects correction period that ends after the defects date, in which case it is issued on the later date.
The parties to the contract are permitted to agree that certain defects need not be rectified, and in this case the contractor must submit a quotation for reduced prices, an earlier completion date or both, and an adjustment is then made to the works information.
 Related articles on Designing Buildings Wiki
- Certificate of making good defects.
- Decennial liability.
- Defective Premises - Liability and Measure of Damages.
- Defective Premises Act.
- Defects liability period.
- Defects certificate.
- Defects correction period.
- Delay damages.
- Fit for purpose.
- Latent defects.
- Opening up works for inspection and testing.
- Patent defects.
- Practical completion.
- Reasonable skill and care.
- Remedial work.
- Schedule of condition.
- Schedule of defects.
- Scott schedule.
- Site inspection.
- Site inspector.
Featured articles and news
What will the General Data Protection Regulations (GDPR) mean for you when they come into force in May?
Business Secretary chairs a new taskforce to monitor and advise on mitigating the impacts of Carillion’s liquidation.
Sir John Armitt is appointed the new chair of the National Infrastructure Commission.
High quality and high density homes - is it what we need or is it storing up trouble?
Government announces its intention to strengthen planning rules to protect music venues and neighbours.
National Audit Office reports that there is little evidence that PFI offers better value than other forms of contracting.
What is liquidation and how does it apply to contractors in the construction industry?
Scrutiny is placed on Carillion's controversial 2013 decision to extend subcontractor payment terms to 120 days.
RSHP unveil their involvement in a boundary crossing which will provide a new entry point into Hong Kong.
With PFI currently under the spotlight due to Carillion, this introductory article explains what they are.
Estimates suggest that up to 30,000 small firms could be at risk of non-payment as a result of Carillion's collapse.