Common use of Retesting Clause in Contracts

Retesting. If the Works, or a Section, fail to pass the Tests on Completion, Sub-Clause 7.5 [Rejection] shall apply, and the Contract Awarder or the Contractor may require the failed Tests, and Tests on Completion on any related work, to be repeated under the same terms and conditions. (a) order further repetition of Tests on Completion under Sub-Clause 9.3; (b) if the failure deprives the Contract Awarder of substantially the whole benefit of the Works or Section, reject the Works or Section (as the case may be), in which event the Contract Awarder shall have the same remedies as are provided in subparagraph (c) of Sub-Clause 11.4 [Failure to Remedy Defects]; or

Retesting. If the Works, or a Section, fail to pass the Tests on after Completion, : (a) sub-paragraph (b) of Sub-Clause 7.5 11.1 [RejectionCompletion of Outstanding Work and Remedying of Defects] shall apply, and the Contract Awarder or the Contractor and (b) either Party may then require the failed Tests, and the Tests on after Completion on any related work, to be repeated under the same terms and conditions. . If and to the extent that this failure and retesting are attributable to any of the matters listed in sub-paragraphs (a) order further repetition of Tests on Completion under Sub-Clause 9.3; to (b) if the failure deprives the Contract Awarder of substantially the whole benefit of the Works or Section, reject the Works or Section (as the case may be), in which event the Contract Awarder shall have the same remedies as are provided in subparagraph (cd) of Sub-Clause 11.4 11.2 [Failure Cost of Remedying Defects] and cause the Contract Awarder to Remedy Defects]; orincur additional costs, the Contractor shall subject to Sub-Clause 2.5 [Contract Awarder's Claims] pay these costs to the Contract Awarder.

Retesting. If the Works, or a Section, fail to pass the Tests on after Completion, : (a) sub-paragraph (b) of Sub-Clause 7.5 11.1 [RejectionCompletion of Outstanding Work and Remedying Defects] shall apply, and the Contract Awarder or the Contractor and (b) either Party may then require the failed Tests, and the Tests on after Completion on any related work, to be repeated under the same terms and conditions. . SAMPLE If and to the extent that this failure and retesting are attributable to any of the matters listed in sub-paragraphs (a) order further repetition of Tests on Completion under Sub-Clause 9.3; to (b) if the failure deprives the Contract Awarder of substantially the whole benefit of the Works or Section, reject the Works or Section (as the case may be), in which event the Contract Awarder shall have the same remedies as are provided in subparagraph (cd) of Sub-Clause 11.4 11.2 [Failure Cost of Remedying Defects] and cause the Employer to Remedy Defects]; orincur additional costs, the Contractor shall subject to Sub-Clause 2.5 [Employer’s Claims] pay these costs to the Employer.

Retesting. If the Works, or a Section, fail to pass the Tests on after Completion, : (a) sub-paragraph (b) of Sub-Clause 7.5 11.1 [RejectionCompletion of Outstanding Work and Remedying of Defects] shall apply, and the Contract Awarder or the Contractor ; and (b) either Party may then require the failed Tests, and the Tests on after Completion on any related work, to be repeated under the same terms and conditions. . If and to the extent that this failure and retesting are attributable to any of the matters listed in sub-paragraphs (a) order further repetition of Tests on Completion under Sub-Clause 9.3; to (b) if the failure deprives the Contract Awarder of substantially the whole benefit of the Works or Section, reject the Works or Section (as the case may be), in which event the Contract Awarder shall have the same remedies as are provided in subparagraph (cd) of Sub-Clause 11.4 11.2 [Failure Cost of Remedying Defects] and cause the Employer to Remedy Defects]; orincur additional costs, the Contractor shall subject to Sub-Clause 2.5 [Employer's Claims] pay these costs to the Employer.