Common use of Costs of Inspections and Tests Clause in Contracts

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

Costs of Inspections and Tests. If: the Contractor’s Representative directs the Subcontractor to carry out an inspection or test which: is not otherwise required by the Subcontract; or does not relate to a Defect in respect of which the Contractor’s Representative gave an instruction under clause 9.6; and the results of the inspection or test show the work is in accordance with the Subcontract, the Subcontractor will be entitled to have the Subcontract Price increased by the extra costs reasonably incurred by the Subcontractor which arise directly from the inspection or test, as determined by the Contractor’s Representative. To the extent permitted by law, the Subcontractor will not be entitled to make (nor will the Contractor be liable upon) any Claim arising out of or in connection with the inspection or test, other than under clause 9.5. Subject to paragraphs (b) and (c), the Subcontractor must correct all Defects. If, prior to the expiration of the Defects Liability Period for the Subcontract Works or a Stage, the Contractor’s Representative discovers or believes there is a Defect, the Contractor’s Representative may give the Subcontractor an instruction specifying the Defect and doing one or more of the following: requiring the Subcontractor to correct the Defect, or any part of it, and specifying the time within which this must occur; subject to the Contractor having first complied with clause 8.11 of the Managing Contractor Contract, requiring the Subcontractor 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 Subcontractor that the Contractor will accept the work, or any part of it, despite the Defect.