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Section 4— Testing and Defects

Clause 45.1

Uncorrected Defects

Purpose

If the Employer decides not to have an uncorrected defect corrected, the defect is accepted and the Prices are reduced. The reduction is assessed by the PM if not agreed.

Practical Application

The Employer may choose to accept financial compensation instead of physical correction if the defect is minor or the correction cost is disproportionate.

Common Pitfalls

Accepting a defect does not waive the Employer's rights regarding latent defects that later manifest. The acceptance relates only to the notified non-conformance.

Related Clauses

Clause 42.4Clause 44.2

📖 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.