Non-Compliance (Test Results). Should any of the tests indicate that a material and/or system does not comply with the contract requirements, the burden of proving compliance remains with the Contractor. The tests are subject to the following conditions:
8.2.4.1 The Contractor’s selected laboratory must be acceptable to the Owner.
8.2.4.2 The quality and nature of the tests must be acceptable to the Owner.
8.2.4.3 All tests must be taken in the presence of the A/E and/or ODR, or their representatives.
8.2.4.4 If tests confirm that the material/systems comply with Contract Documents, the Owner will pay the cost of the test.
8.2.4.5 If tests reveal noncompliance, the Contractor will pay the laboratory fees and costs of that particular test and all future tests of that failing Work, necessary to eventually confirm compliance with Contract Documents.
8.2.4.6 Proof of noncompliance with the Contract Documents will make the Contractor liable for any corrective action which the ODR determines appropriate, including complete removal and replacement of non-compliant work or material.
Non-Compliance (Test Results). Should any of the tests indicate that a material and/or system does not comply with the Contract requirements, the burden of proof remains with Contractor, subject to:
11.2.4.1 Contractor selection and submission of the laboratory for Owner acceptance.
11.2.4.2 Acceptance by Owner of the quality and nature of tests.
11.2.4.3 All tests taken in the presence of Design Professional and/or OCM, or their representatives.
11.2.4.4 If tests confirm that the material/systems comply with Contract Documents, Owner will pay the cost of the test.
11.2.4.5 If tests reveal noncompliance, Contractor will pay those laboratory fees and costs of that particular test and all future tests, of that failing Work, necessary to eventually confirm compliance with Contract Documents.
11.2.4.6 Proof of noncompliance with the Contract Documents will make Contractor liable for any corrective action which OCM determines appropriate, including complete removal and replacement of noncompliant work or material.
Non-Compliance (Test Results). Should any of the tests indicate that a material and/or does not comply with the contract requirements, the burden of proof remains with the CM-at-Risk, subject to:
8.2.4.1 CM-at-Risk selection and submission of the laboratory for Owner acceptance.
8.2.4.2 Acceptance by the Owner of the quality and nature of tests.
8.2.4.3 All tests taken in the presence of the Architect/Engineer and/or ODR, or their representatives.
8.2.4.4 If tests confirm that the materials comply with Contract Documents, the Owner will pay the cost of the test.
8.2.4.5 If tests reveal noncompliance, the CM-at-Risk will pay those laboratory fees and costs of that particular test and all future tests, of that failing Work, necessary to eventually confirm compliance with Contract Documents.
8.2.4.6 Proof of noncompliance with the Contract Documents will make the CM-at-Risk liable for any corrective action which the ODR determines appropriate, including complete removal and replacement of noncompliant work or material.
