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Section 4— Testing and Defects

Clause 42.4

Defects — Uncorrected Defects

Purpose

If a defect is not corrected by the end of the defect correction period, the Employer may have the defect corrected and deduct the cost from amounts due to the Contractor.

Practical Application

The Employer may employ others to correct the defect and charge the Contractor. The Contractor is notified before the Employer proceeds.

Common Pitfalls

The Employer's cost of correction must be reasonable. Disputes can arise over what constitutes a 'reasonable' cost for correction by a third party.

Related Clauses

Clause 42.3Clause 44.1Clause 45.1

📖 This summary is for reference. For the full, authoritative NEC4 contract text — including all amendments, guidance notes, and flow charts — visit the official NEC website.

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⚠️ This commentary is for reference only. Always refer to the full NEC4 contract text and seek professional legal or contractual advice for your specific project.