Dispute on completion test result Clause Samples
Dispute on completion test result. 8.7.1 Negotiation to resolve the dispute. Negotiation shall be first adopted to resolve the happening dispute on the result of completion test.
8.7.2 Appointment of authentication agency. After negotiation, and that the result of completion test is still under dispute, it shall be identified by a qualified institution. After identification,
(1) If Contractor is held liable, the incurred reasonable and increased expenses of Employer from the required costs of the identification shall be borne by Contractor without postponing the completion date;
(2) If Employer is held liable, the incurred reasonable and increased expenses of Contractor from the required costs of the identification shall be borne by Employer with accordingly postponing of the completion date;
(3) If both parties are held liable, the incurred costs shall be borne respectively in accordance to each’s liability, and the completion date shall be postponed through negotiation in accordance to situation of delay of schedule of completion test, upon which dispute shall be resolved under article 16.3 of disputes and decisions.
Dispute on completion test result. 8.7.1 Negotiation for settlement.Any dispute on the completion test result shall be firstly settled through negotiation.
8.7.2 Entrustment of authentication institution. Upon negotiation, should there still be any dispute on the completion test result, a test institution with relevant qualification shall be jointly entrusted to conduct authentication. Upon authentication,
(1) If the liable party is the contractor, the necessary authentication fees and any increase in the reasonable expenses therefore incurred against the contract letting party shall be borne by the contractor, the date of completion shall not be postponed;
(2) If the liable party is the contract letting party, the necessary authentication fees and any increase in the reasonable expenses therefore incurred against the contractor shall be borne by the contract letting party, the date of completion shall be postponed accordingly;
(3) If both parties are liable, they shall negotiate for respectively bearing the expenses according to their liabilities and postponing the date of completion based upon the delay in the completion test plan. In case of any dispute between the parties on the expense bearing and postponement of the date of completion, it shall be settled according to the provisions on dispute and adjudication as set forth in Article 16.3.