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Section 4— Testing and Defects

Clause 44.2

Acceptance of Defects

Purpose

The Employer may accept a defect. If the Employer accepts a defect, the Prices are reduced by an amount agreed by the Contractor and PM.

Practical Application

Accepting a defect is a commercial decision. The deduction reflects the reduced value of the work due to the defect.

Common Pitfalls

If the amount of reduction cannot be agreed, the PM assesses it. The Contractor may challenge the PM's assessment through adjudication.

Related Clauses

Clause 44.1

📖 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.