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