Common use of Costs of Inspections and Tests Clause in Contracts

Costs of Inspections and Tests. If: the Contract Administrator directs the Contractor to carry out an inspection or test which: is not otherwise required by the Contract; or does not relate to a Defect in respect of which the Contract Administrator gave an instruction under clause 9.6; and the results of the inspection or test show the work is in accordance with the Contract, the Contractor will be entitled to have the Contract Price increased by the extra costs reasonably incurred by the Contractor which arise directly from the inspection or test, as determined by the Contract Administrator. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with the inspection or test, other than under this clause 9.5. Subject to paragraphs (b) and (c), the Contractor must correct all Defects. If, prior to the expiration of the Defects Liability Period for the Works or a Stage, the Contract Administrator discovers or believes there is a Defect, the Contract Administrator may give the Contractor an instruction specifying the Defect and doing one or more of the following: requiring the Contractor to correct the Defect, or any part of it, and specifying the time within which this must occur; requiring the Contractor to carry out a Variation to overcome the Defect, or any part of it, and specifying the time within which this must be carried out; or advising the Contractor that the Commonwealth will accept the work, or any part of it, despite the Defect.

Costs of Inspections and Tests. If: the Contract Administrator directs the Contractor to carry out an inspection or test which: is not otherwise required by the Contract; or does not relate to a Defect in respect of which the Contract Administrator gave an instruction under clause 9.6; and the results of the inspection or test show the work is in accordance with the Contract, the Contractor will be entitled to have the Contract Delivery Phase Price increased by the extra costs reasonably incurred by the Contractor which arise directly from the inspection or test, as determined by the Contract Administrator. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with the inspection or test, other than under this clause 9.5. Subject to paragraphs (b) and (c), the Contractor must correct all Defects. If, prior to the expiration of the Defects Liability Period for the Works or a Stage, the Contract Administrator discovers or believes there is a Defect, the Contract Administrator may give the Contractor an instruction specifying the Defect and doing one or more of the following: requiring the Contractor to correct the Defect, or any part of it, and specifying the time within which this must occur; requiring the Contractor to carry out a Variation to overcome the Defect, or any part of it, and specifying the time within which this must be carried out; or advising the Contractor that the Commonwealth will accept the work, or any part of it, despite the Defect.