Common use of Non-Compliance (Test Results) Clause in Contracts

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 Contract requirements, the burden of proving compliance proof remains with the Contractor. The tests are , subject to the following conditionsto: 8.2.4.1 The Contractor’s selected 8.2. 4.1 Contractor selection and submission of the laboratory must be acceptable to the Ownerfor Owner acceptance. 8.2.4.2 The 8.2. 4.2 Acceptance by Owner of the quality and nature of the tests must be acceptable to the Ownertests. 8.2.4.3 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 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 8.2. 4.5 If tests reveal noncompliance, the Contractor will pay the those laboratory fees and costs of that particular test and all future tests tests, of that failing Work, necessary to eventually confirm compliance with Contract Documents. 8.2.4.6 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 Contract requirements, the burden of proving compliance proof remains with the Contractor. The tests are , subject to the following conditionsto: 8.2.4.1 The Contractor’s selected 8.2.3.1 Contractor selection and submission of the laboratory must be acceptable to the Ownerfor Owner acceptance. 8.2.4.2 The 8.2.3.2 Acceptance by Owner of the quality and nature of the tests must be acceptable to the Ownertests. 8.2.4.3 8.2.3.3 All tests must be taken in the presence of the A/E and/or ODR, or their representatives. 8.2.4.4 8.2.3.4 If tests confirm that the material/systems comply with Contract Documents, the Owner will pay the cost of the test. 8.2.4.5 8.2.3.5 If tests reveal noncompliance, the Contractor will pay the those laboratory fees and costs of that particular test and all future tests tests, of that failing Work, necessary to eventually confirm compliance with Contract Documents. 8.2.4.6 8.2.3.6 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-non- compliant work or material.

Non-Compliance (Test Results). Should any of the tests indicate that a material material, equipment and/or system does not comply with the contract requirements, the burden of proving compliance remains with the ContractorProvider. The tests are subject to the following conditions: 8.2.4.1 8.4.1 The Contractor’s selected laboratory must be acceptable to the Owner. 8.2.4.2 The method, quality and nature of the tests must be acceptable to the Owner. 8.2.4.3 8.4.2 All tests must be taken in the presence of the A/E and/or ODR, or their representatives. 8.2.4.4 8.4.3 If tests confirm that the material/equipment/systems comply with Contract Documents, the Owner will pay the cost of the test. 8.2.4.5 8.4.4 If tests reveal noncompliance, the Contractor Provider 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 8.4.5 Proof of noncompliance with the Contract Documents will make the Contractor Provider 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 Contract requirements, the burden of proving compliance proof remains with the Contractor. The tests are , subject to the following conditionsto: 8.2.4.1 The Contractor’s selected 8.2.3.1 Contractor selection and submission of the laboratory must be acceptable to the Ownerfor Owner acceptance. 8.2.4.2 The 8.2.3.2 Acceptance by Owner of the quality and nature of the tests must be acceptable to the Ownertests. 8.2.4.3 8.2.3.3 All tests must be taken in the presence of the A/E and/or ODR, or their representatives. 8.2.4.4 8.2.3.4 If tests confirm that the material/systems comply with Contract Documents, the Owner will pay the cost of the test. 8.2.4.5 8.2.3.5 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 8.2.3.6 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 Contract requirements, the burden of proving compliance proof remains with the Contractor. The tests are , subject to the following conditionsto: 8.2.4.1 The Contractor’s selected 8.2.3.1 Contractor selection and submission of the laboratory must be acceptable to the Ownerfor Owner acceptance. 8.2.4.2 The 8.2.3.2 Acceptance by Owner of the quality and nature of the tests must be acceptable to the Ownertests. 8.2.4.3 8.2.3.3 All tests must be taken in the presence of the A/E and/or ODR, or their representatives. 8.2.4.4 8.2.3.4 If tests confirm that the material/systems comply with Contract Documents, the Owner will pay the cost of the test. 8.2.4.5 8.2.3.5 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 8.2.3.6 Proof of noncompliance with the Contract Documents will make the Contractor liable for any corrective action which the whichthe 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 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-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 proving compliance proof remains with the Contractor. The tests are , subject to the following conditionsto: 8.2.4.1 The Contractor’s selected Contractor selection and submission of the laboratory must be acceptable to the Ownerfor Owner acceptance. 8.2.4.2 The Acceptance by the Owner of the quality and nature of the tests must be acceptable to the Ownertests. 8.2.4.3 All tests must be taken in the presence of the AArchitect/E Engineer and/or ODR, or their representatives. 8.2.4.4 If tests confirm that the material/systems materials 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 those laboratory fees and costs of that particular test and all future tests 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 noncompliant work or material.