Defect Correction Period

The NEC defect correction period is the time the Contractor has to put right a notified Defect. Its length is whatever you write in the Contract Data, and it can vary with the type of Defect. The important part is when the clock starts, which depends on whether Completion has happened.

The rule is at clause 44.2 in NEC4 (43.2 in NEC3). This is an identified term rather than a defined one, so you'll see it in italics and no list of definitions will explain it. It's also a different thing from the defects date, though the two are often confused. This page is part of the NEC definitions glossary.

When the clock starts

When the Defect was notified	Period starts	What it means in practice
Before Completion	At Completion	However early it was notified, the contractual deadline falls after Completion
After Completion	When notified	The clock runs straight away
In a part the Client has taken over, where access is needed	When access and use are given (44.4; 43.4 in NEC3)	The Contractor isn't penalised for time it can't get in

The first row needs care. It doesn't mean Defects found before Completion can be left: a Defect that would stop the Client using the works still prevents Completion happening at all. It simply means the correction deadline itself isn't running until then.

Choosing the period

The form lets you state a general period plus specific ones. That's worth using, because one figure rarely suits everything. These figures are illustrative only, not recommendations:

Type of Defect	Illustrative period	Reason
General finishes	4 weeks	Low impact, and can be planned around the occupier
Heating or ventilation in an occupied building	1 week	Directly affects those using the building
Security or life safety systems	2 days	Serious consequences if left
Specialist equipment on long lead time	12 weeks	A shorter period just guarantees failure

Try to define each category so that anyone can tell which applies. "Urgent" is an argument waiting to happen. "Any Defect that stops the operation of a named system" isn't.

A worked example

A fictional clinic fit-out with a general period of four weeks and illustrative dates. Completion is certified on 1 May.

• Cracked tiles, notified on 10 April. The period starts at Completion, so the Contractor has until 29 May.
• A leaking valve, notified on 20 May. The period starts on notification, so it ends on 17 June.
• A faulty door closer in a room in use, notified on 1 June. The clinic gives access only on 8 June. The period then runs from that date, to 6 July.

If it's missed

The consequence depends on who caused the failure (clause 46, or clause 45 in NEC3):

• If the Contractor had access but didn't correct the Defect in time, the Project Manager assesses what it costs to have other people correct it, and the Contractor pays that amount.
• If the Contractor wasn't given access in time (the test is the defects date), the Project Manager assesses what it would have cost the Contractor to correct it, and the Contractor pays that.

In both cases the Scope is treated as changed to accept the Defect, so it stops being a Defect. The difference between them matters. Paying someone else usually costs more than doing it yourself. For the Contractor, this is the main reason to meet the deadline. The guide to uncorrected Defects works through it further.

What people get wrong

• Applying it as a date range after Completion. It's a separate clock for each Defect, so a single job may have dozens running.
• Skipping notification. The period attaches to notified Defects. No notification means no clock, even where the Contractor already knows of the Defect and has a duty to correct it.
• Forgetting access. On occupied buildings, record the date access was offered and given. Without it, nobody can work out the deadline.
• Tracking only the date found. A register needs the notification date, Completion date, period applied and resulting deadline. See correcting Defects for the procedure.

Related guides

• NEC Definitions: A Glossary of Key Terms
• Defects Certificate
• Defects Date
• Early Warning Register
• Contract Date
• Defect

This guide is general information in our own words, not legal advice. Your contract and its Contract Data always govern. NEC, NEC3 and NEC4 are trade marks of Thomas Telford Ltd; Contract Status is not affiliated with or endorsed by NEC.