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NEC3/NEC4 ECC defects regime: definition, notification, correction/acceptance, Defects Date and correction periods, uncorrected defects valuation, completion, Defects Certificate and latent defects, payment/liability, and key case law

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Practice notes

This Practice Note looks at how defects are dealt with under the NEC3 and NEC4 Engineering and Construction Contract (ECC).

For a wider discussion of defects, consult Practice Note: Defects claims in construction. It addresses defects within the ECC framework as a whole. This Practice Note spans both the NEC3 and NEC4 editions of the ECC, treating them together. For uniformity, the term ‘Client’ is used throughout this Practice Note, mirroring the NEC4 description of the developer/employer (NEC3 uses ‘Employer’). The term ‘Scope’ is also adopted throughout, in line with NEC4, to identify the document that specifies and describes the works the Contractor is to undertake (called ‘Works Information’ in NEC3). For an explanation of NEC terminology, see Practice Note: NEC contracts—glossary. Where no specific distinction is drawn between clause numbers, the clause references in this Practice Note are intended to apply to both the NEC3 and NEC4 versions of the ECC. The principal provisions concerning defects are contained in clauses 41 to 46 (40 to 45 in NEC3)...

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Web page updated on 21/05/2026

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