No. Under clause 14.1, PM acceptance leaves contractor liability for its design exactly where it was, and "you accepted it" doesn't answer a Defect. What decides the outcome is the design standard in your contract, and whether the problem is really in your design or in what the Client asked for.
The rule has the same clause number in NEC4 ECC and NEC3. The NEC4 subcontract says the same between Contractor and Subcontractor. See also our guide to clause 14 and the rest of NEC questions answered.
What acceptance does and doesn't do
| Acceptance does | Acceptance doesn't |
|---|---|
| Let you start the work (21.2) | Move design liability to the Client or the PM |
| Fix the accepted design as a benchmark: work that doesn't follow it is a Defect | Change the Scope, even if the design departs from it |
| Mean the PM saw no stated reason to refuse it at that time | Confirm that it complies, works or meets the law |
So a part of the works you designed can be a Defect in three ways. It may not meet the Scope, or the applicable law, or the design you had accepted. Acceptance removes none of these.
If a problem has surfaced in an accepted design
- Find out whose design it is. Check which part 21.1 and the Scope give you. A fault in what the Client designed is a different conversation.
- Test it against the Scope. A departure from the Scope remains a Defect unless the Scope itself is changed.
- Check for Option X15. Your standard depends on it (see below).
- Warn and notify. Give an early warning if cost or time is at risk (15.1). The Contractor and Supervisor each notify a Defect on finding one.
- Follow the correction period. Correct within the defect correction period in the Contract Data once it is notified, whether or not you are arguing about the cause.
- If you believe you aren't liable, say why. Under X15, correcting a Defect you aren't liable for is a compensation event (X15.2), so the eight-week period in 61.3 applies from when you become aware.
- Tell your insurer, if relevant. Your policy will have its own notification terms.
The standard: does Option X15 apply?
| Your contract | Effect |
|---|---|
| No X15 | A failure to meet the Scope or the law is a Defect, however carefully you designed it |
| X15 included | You aren't liable for a Defect from your design unless you fell below the ordinary professional standard of skill and care for works of that kind (X15.1). See the X15 guide |
| X18 included | Liability may be limited or cut off by the amounts and end date in the Contract Data. See limits of liability |
The review period itself
The time the PM has to review a design is the period for reply in the Contract Data (13.3), unless both agree to extend it before the reply is due (13.5). Three points are worth knowing.
- Silence isn't acceptance. The treated-acceptance rules cover programmes and compensation events, not design. A late reply is a 60.1(6) event, but you still hold the work.
- Show it on the programme. Dates for acceptances belong on your programme (31.2). Build in resubmission time too.
- Split large packages. You can submit in parts if each part can be assessed fully (21.3).
A fictional example
A contractor designs a retaining wall on an Option A contract. The Scope requires a 120-year design life, and the design shows a detail good for less. The PM accepts it and the wall is built. Before the defects date, the Supervisor spots the mismatch.
The Contractor says the PM accepted the drawings. That doesn't help: the work doesn't meet the Scope, so it is a Defect, and the acceptance changes nothing. The realistic options are to correct it, or to propose accepting the Defect under clause 45, which changes the Scope and gives the Client lower Prices, an earlier date, or both.
The contract against practice
The contract says liability doesn't shift. In practice, a PM's comment can still matter. If a PM directed a specific detail, you may have an argument that it was a change to the Scope that should have been instructed (14.3, 60.1(1)). That argument is much stronger if you asked for the instruction at the time. When a review comment tells you to change something you believe is compliant, record it, and see what to do when the PM refuses your design.
Expect the Client's side to rely on 14.1 from the start, and to treat an accepted design as no comfort at all. Where a large sum or a wider liability is involved, such as a claim beyond the contract, take legal advice, as the position may turn on more than these clauses.
Related guides
- NEC Questions Answered: Real Situations on Site
- Can a Main Contractor Pay Only When It Has Been Paid?
- We Disagree With the Final Assessment
- The Project Has Finished but Compensation Events Are Still Open
- Our Permit Has Been Delayed: Who Takes the Risk?
- The PM Refused to Accept Our Design: What Now?
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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.