Common use of Material Testing Clause in Contracts

Material Testing. (a) If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any portion of the Work to be inspected, tested or approved, the Contractor shall give the Owner timely notice of its readiness so the Owner or Engineer may observe such inspection, testing or approval. The Contractor shall bear all costs of such inspections, tests or approvals required by public authorities. Unless otherwise provided, the Owner shall bear all costs of other inspection, tests or approvals. (b) If the Owner or Engineer determines that any Work requires special inspection, testing or approval which paragraph (a) of this Section 14.07 does not include, the Owner or Engineer will instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give notice as provided in paragraph (a) of this Section 14.07. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Contract Documents, the Contractor shall bear all costs thereof, including compensation for the Owner’s or Engineer’s additional services made necessary by such failure; otherwise, the Owner shall bear such costs and an appropriate Contract Amendment shall be issued. (c) Required certificates of inspection, testing or approval shall be secured by the Contractor and promptly delivered to the Owner. (d) If the Owner or Engineer is to observe the inspections, tests or approvals required by the Contract Documents, they will do so promptly.

Appears in 3 contracts

Samples: Construction Contract, Construction Contract, Lump Sum Construction Contract

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Material Testing. (a) If the Contract Documents, laws, ordinances, rules, regulations regulations, or orders of any public authority having jurisdiction require any portion of the Work to be inspected, tested or approved, the Contractor shall give the Owner timely notice of its readiness so the Owner or Engineer may observe such inspection, testing or approval. The Contractor shall bear all costs of such inspections, tests or approvals required by public authorities. Unless otherwise provided, the Owner shall bear all costs of other inspection, tests tests, or approvals. (b) If the Owner or Engineer determines that any Work requires special inspection, testing or approval which paragraph (a) of this Section 14.07 does not include, the Owner or Engineer will instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give notice as provided in paragraph (a) of this Section 14.07. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Contract Documents, the Contractor shall bear all costs thereof, including compensation for the Owner’s or Engineer’s additional services made necessary by such failure; otherwise, the Owner shall bear such costs and an appropriate Contract Amendment shall be issued. (c) Required certificates of inspection, testing or approval shall be secured by the Contractor and promptly delivered to the Owner. (d) If the Owner or Engineer is to observe the inspections, tests or approvals required by the Contract Documents, they will do so promptly.

Appears in 1 contract

Samples: Lump Sum Construction Contract

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Material Testing. (a) If the Contract Documents, laws, ordinances, rules, regulations regulations, or orders of any public authority having jurisdiction require any portion of the Work to be inspected, tested tested, or approved, the Contractor shall give the Owner timely notice of its readiness so the Owner or Engineer may observe such inspection, testing or approval. The Contractor shall bear all costs of such inspections, tests or approvals required by public authorities. Unless otherwise provided, the Owner shall bear all costs of other inspection, tests tests, or approvals. (b) If the Owner or Engineer determines that any Work requires special inspection, testing or approval which paragraph (a) of this Section 14.07 does not include, the Owner or Engineer will instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give notice as provided in paragraph (a) of this Section 14.07. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Contract Documents, the Contractor shall bear all costs thereof, including compensation for the Owner’s or Engineer’s additional services made necessary by such failure; otherwise, the Owner shall bear such costs and an appropriate Contract Amendment shall be issued. (c) Required certificates of inspection, testing or approval shall be secured by the Contractor and promptly delivered to the Owner. (d) If the Owner or Engineer is to observe the inspections, tests or approvals required by the Contract Documents, they will do so promptly.

Appears in 1 contract

Samples: Lump Sum Construction Contract

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