STANDARD FORM OF BIDDING DOCUMENTS FOR ...

28.4 Facilities for Tests on Completion
28.5 Retesting
Except where otherwise specified, the Employer shall provide free of charge such
labour, materials, electricity, fuel, water, stores, apparatus and feedstock as may
be reasonably required by the Contractor to carry out the Tests.
If the Works or any Section fails to pass the Tests, the Engineer or the Contractor
may require such Tests to be repeated on the same terms and conditions. All costs
to which the Employer may be put by the repetition of the Tests under this Sub-
Clause or under Sub-Clause 30.7 shall be deducted from the Contract Price.
28.6 Disagreement as to Result of Tests
If the Engineer and the Contractor disagree on the interpretation of the Test
results, each shall give a statement of his views to the other within 14 days after
such disagreement arises. The statement shall be accompanied by all relevant
evidence.
28.7 Consequences of Failure to Pass Tests on Completion
If the Works or any Section fails to pass the Tests on the repetition thereof under
Sub-Clause 28.5, the Engineer, after due consultation with the Employer and the
Contractor, shall be entitled to:
(a)order one further repetition of the Tests under the conditions of Sub-Clause
28.5, or
(b)reject the Works or Section in which event the Employer shall have the same
remedies against the Contractor as are provided under Sub-Clause 30.5 (c), or
(c)issue a Taking-Over Certificate, if the Employer so wishes, notwithstanding
that the Works are not complete. The Contract Price shall then be reduced by such
amount as may be agreed by the Employer and the Contractor or, failing
agreement, as may be determined by arbitration.
28.8 Use by the Employer
In considering the results of Tests carried out under Sub-Clauses 29.3, 29.4 and
30.7 the Engineer shall make allowances for the effect of any use of the Works by
the Employer on the Certificate to the performance or other characteristics of the
Works.
(103)