Owner Testing. The Owner reserves the right to subject materials and systems incorporated into the Project to routine tests as may be specified or as deemed necessary by the ODR or the A/E to insure compliance with the quality and/or performance requirements of the Contract Documents and/or with laws, ordinances, rules, regulations and/or orders of any public authority having jurisdiction. The results of such “quality assurance” testing will be provided to the Contractor and, to the extent provided, the Contractor may rely on findings.
Owner Testing. Within ten (10) days after receipt of the Notice pursuant to Section 13.01, Owner shall carry out a physical inspection of the Facility and review the results of the Construction Testing, Preoperational Testing, and Performance Testing data. Owner shall advise Contractor in writing of any material and non-material defects, deficiencies and/or discrepancies between installed equipment, materials and workmanship and such equipment, materials and workmanship as represented by the Contract, in each case of which it then has knowledge. Material defects, deficiencies, and/or discrepancies shall be defined as having a material effect on Contractor’s ability to achieve Section 13.03(d). Non-material defects, deficiencies, and/or discrepancies shall be defined as having no material effect on Contractor’s ability to achieve Section 13.03(d). Contractor shall then perform, at Contractor’s sole cost and expense, corrective measures to remove such material defects, deficiencies, and/or discrepancies and shall again notify Owner when the Facility is deemed by Contractor to be ready for Substantial Completion. Owner shall have ten (10) days after each subsequent notification to advise Contractor, in writing, of any additional or remaining material defects, deficiencies and/or discrepancies which must be corrected by Contractor as a condition to the Substantial Completion of the Facility. Non-material defects, deficiencies, and/or discrepancies shall be addressed as Punchlist (Substantial Completion) items in accordance with the provisions of Section 13.06.
Owner Testing. The Owner will retain and pay for services of an independent testing laboratory to perform services specifically required by the governing code authority, and as additionally requested by Owner. Design-Builder shall identify the independent testing required for the Project and define the scope of the services required.
