The Engineer may, under Clause 13 [Variations and Adjustments], vary the location or
details of specified tests, or instruct the Contractor to carry out additional tests. If these
varied or additional tests show that the tested Plant, Materials or workmanship is not
in accordance with the Contract, the cost of carrying out this Variation shall be borne
by the Contractor, notwithstanding other provisions of the Contract.
The Engineer shall give the Contractor not less than 24 hours’ notice of the Engineer’s
intention to attend the tests. If the Engineer does not attend at the time and place
agreed, the Contractor may proceed with the tests, unless otherwise instructed by the
Engineer, and the tests shall then be deemed to have been made in the Engineer’s
presence.
If the Contractor suffers delay and/or incurs Cost from complying with these
instructions or as a result of a delay for which the Employer is responsible, the
Contractor shall give notice to the Engineer and shall be entitled subject to SubClause
20.1 [Contractor’s Claims] to:
(a) an extension of time for any such delay, if completion is or will be delayed,
under Sub-Clause 8.4 [Extension of Time for Completion], and
(b) payment of any such Cost plus reasonable profit, which shall be included in the
Contract Price.
After receiving this notice, the Engineer shall proceed in accordance with SubClause
3.5 [Determinations] to agree or determine these matters.
The Contractor shall promptly forward to the Engineer duly certified reports of the tests.
When the specified tests have been passed, the Engineer shall endorse the Contractor’s
test certificate, or issue a certificate to him, to that effect. If the Engineer has not
attended the tests, he shall be deemed to have accepted the readings as accurate.