Common use of REVIEW AND INSPECTION OF THE WORK Clause in Contracts

REVIEW AND INSPECTION OF THE WORK. 2.3.1 The Owner and the Contract Administrator shall have access to the Work at all times. The Contractor shall provide sufficient, safe and proper facilities and assistance at all times for the review of the Work by the Contract Administrator and Owner and the inspection of the Work by Governmental Authorities and quasi-governmental authorities. If parts of the Work are in preparation at locations other than the Site, the Owner and the Contract Administrator shall be given access to such Work whenever it is in progress. 2.3.2 If tests, inspections or approvals for the Work are required by the Agreement, or by the Contract Administrator’s instructions, or by Laws, the Contractor shall give the Contract Administrator no less than three (3) Working Days notification of when the Work will be ready for review and inspection and make available for inspection or testing a sample of any Product. All inspection, sampling, and testing of Products shall be carried out on a random basis in accordance with the standard inspection or testing methods required for the Product. The Contractor shall arrange for and shall give the Contract Administrator reasonable notification of the date and time of inspections by other authorities and shall notify the Contract Administrator of the sources of supply of Products sufficiently in advance of the Product shipping dates to enable the Contract Administrator to perform any required inspection, sampling and testing. The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the Product manufacturer or supplier to carry out such inspection, sampling and testing. The Owner shall not be responsible for any delays to the performance of the Work where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling and testing. 2.3.3 The Contractor shall furnish promptly to the Contract Administrator, and in no event later than within fourteen (14) Calendar Days after receipt thereof, two copies of certificates and inspection reports relating to the Work prepared by Governmental Authorities and quasi-governmental authorities. 2.3.4 If the Contractor covers, or permits to be covered, Work that has been designated for special tests, inspections or approvals before such special tests, inspections or approvals are made, given or completed, the Contractor shall, if so directed, uncover such Work, have the inspections or tests satisfactorily completed, and make good covering Work at the Contractor’s cost and without any extension of the Contract Time. 2.3.5 Subject to GC 2.3.4, the Contract Administrator may order any portion or portions of the Work to be examined to confirm that such Work is in accordance with the requirements of the Agreement. If the Work is not in accordance with the requirements of the Agreement, the Contractor shall correct the Work and pay the cost of examination and correction and without any extension of the Contract Time. If the Work is in accordance with the requirements of the Agreement, the Owner shall pay the cost of examination and restoration. 2.3.6 The Contractor shall pay the cost of making any test or inspection whether to be performed by the Contractor, Contract Administrator, Owner, Governmental Authorities or quasi-governmental authorities, including the cost of samples required for such test or inspection, if such test or inspection is required by the Agreement or is required by Laws. 2.3.7 If any portion or portions of the Work is found to be Deficient in initial tests or inspections as determined by the Contractor, Owner, Contract Administrator, Governmental Authorities or quasi-governmental authorities, the costs of re-testing and re-inspections shall be borne by the Contractor and with no adjustment in the Contract Price or any extension of the Contract Time. 2.3.8 The Contractor shall provide any documentation requested by the Owner, where that documentation relates to any of the Work. The Contractor shall ensure that all such documentation is provided no later than ten (10) Calendar Days following the receipt of any such request. 2.3.9 The Contract Administrator and Owner will each have authority to reject any portion of the Work which in the Contract Administrator’s or Owner’s opinion is Deficient. Whenever the Contract Administrator or Owner considers it necessary or advisable, the Contract Administrator or Owner will have authority to require inspection or testing of Work, whether or not such Work is fabricated, installed or completed. 2.3.10 Any review, inspection, comment, acceptance, approval, audit, survey or rejection, or failure to review, inspect, comment, accept, approve, audit, survey or reject, by the Owner or the Contract Administrator of the Work (including Products or any documents prepared by the Contractor, Subcontractors, Suppliers or Sub- subcontractors, in whole or in part) or the issuance of any certificates or the making of any payment by the Owner or the presence of the Owner or the Contract Administrator at the Site or the receipt or taking delivery by the Owner of any Products, shall not: .1 constitute acceptance of the Work (including Products) or any Deficiencies or relieve the Contractor of its responsibility therefor;

Appears in 16 contracts

Samples: Construction Agreement, Construction Agreement, Construction Agreement

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REVIEW AND INSPECTION OF THE WORK. 2.3.1 The Owner and the Contract Administrator shall have access to the Work at all times. The Contractor shall provide sufficient, safe and proper facilities and assistance at all times for the review of the Work by the Contract Administrator and Owner and the inspection of the Work by Governmental Authorities and quasi-governmental authorities. If parts of the Work are in preparation at locations other than the Site, the Owner and the Contract Administrator shall be given access to such Work whenever it is in progress. 2.3.2 If tests, inspections or approvals for the Work are required by the Agreement, or by the Contract Administrator’s instructions, or by Laws, the Contractor shall give the Contract Administrator no less than three (3) Working Days notification of when the Work will be ready for review and inspection and make available for inspection or testing a sample of any Product. All inspection, sampling, and testing of Products shall be carried out on a random basis in accordance with the standard inspection or testing methods required for the Product. The Contractor shall arrange for and shall give the Contract Administrator reasonable notification of the date and time of inspections by other authorities and shall notify the Contract Administrator of the sources of supply of Products sufficiently in advance of the Product shipping dates to enable the Contract Administrator to perform any required inspection, sampling and testing. The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the Product manufacturer or supplier to carry out such inspection, sampling and testing. The Owner shall not be responsible for any delays to the performance of the Work where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling and testing. 2.3.3 The Contractor shall furnish promptly to the Contract Administrator, and in no event later than within fourteen (14) Calendar Days after receipt thereof, two copies of certificates and inspection reports relating to the Work prepared by Governmental Authorities and quasi-governmental authorities. 2.3.4 If the Contractor covers, or permits to be covered, Work that has been designated for special tests, inspections or approvals before such special tests, inspections or approvals are made, given or completed, the Contractor shall, if so directed, uncover such Work, have the inspections or tests satisfactorily completed, and make good covering Work at the Contractor’s cost and without any extension of the Contract Time.Time.‌ 2.3.5 Subject to GC 2.3.4, the Contract Administrator may order any portion or portions of the Work to be examined to confirm that such Work is in accordance with the requirements of the Agreement. If the Work is not in accordance with the requirements of the Agreement, the Contractor shall correct the Work and pay the cost of examination and correction and without any extension of the Contract Time. If the Work is in accordance with the requirements of the Agreement, the Owner shall pay the cost of examination and restoration. 2.3.6 The Contractor shall pay the cost of making any test or inspection whether to be performed by the Contractor, Contract Administrator, Owner, Governmental Authorities or quasi-governmental authorities, including the cost of samples required for such test or inspection, if such test or inspection is required by the Agreement or is required by Laws. 2.3.7 If any portion or portions of the Work is found to be Deficient in initial tests or inspections as determined by the Contractor, Owner, Contract Administrator, Governmental Authorities or quasi-governmental authorities, the costs of re-testing and re-inspections shall be borne by the Contractor and with no adjustment in the Contract Price or any extension of the Contract Time. 2.3.8 The Contractor shall provide any documentation requested by the Owner, where that documentation relates to any of the Work. The Contractor shall ensure that all such documentation is provided no later than ten (10) Calendar Days following the receipt of any such request. 2.3.9 The Contract Administrator and Owner will each have authority to reject any portion of the Work which in the Contract Administrator’s or Owner’s opinion is Deficient. Whenever the Contract Administrator or Owner considers it necessary or advisable, the Contract Administrator or Owner will have authority to require inspection or testing of Work, whether or not such Work is fabricated, installed or completed. 2.3.10 Any review, inspection, comment, acceptance, approval, audit, survey or rejection, or failure to review, inspect, comment, accept, approve, audit, survey or reject, by the Owner or the Contract Administrator of the Work (including Products or any documents prepared by the Contractor, Subcontractors, Suppliers or Sub- subcontractors, in whole or in part) or the issuance of any certificates or the making of any payment by the Owner or the presence of the Owner or the Contract Administrator at the Site or the receipt or taking delivery by the Owner of any Products, shall not: .1 constitute acceptance of the Work (including Products) or any Deficiencies or relieve the Contractor of its responsibility therefor;

Appears in 3 contracts

Samples: Construction Agreement, Construction Agreement, Construction Agreement

REVIEW AND INSPECTION OF THE WORK. 2.3.1 The Owner and the Contract Administrator shall have access to the Work at all times. The Contractor shall provide sufficient, safe and proper facilities and assistance at all times for the review of the Work by the Contract Administrator and Owner and the inspection of the Work by Governmental Authorities and quasi-governmental authorities. If parts of the Work are in preparation at locations other than the Site, the Owner and the Contract Administrator shall be given access to such Work whenever it is in progress. 2.3.2 . If tests, inspections or approvals for the Work are required by the Agreement, or by the Contract Administrator’s instructions, or by Laws, the Contractor shall give the Contract Administrator no less than three (3) Working Days notification of when the Work will be ready for review and inspection and make available for inspection or testing a sample of any Product. All inspection, sampling, and testing of Products shall be carried out on a random basis in accordance with the standard inspection or testing methods required for the Product. The Contractor shall arrange for and shall give the Contract Administrator reasonable notification of the date and time of inspections by other authorities and shall notify the Contract Administrator of the sources of supply of Products sufficiently in advance of the Product shipping dates to enable the Contract Administrator to perform any required inspection, sampling and testing. The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the Product manufacturer or supplier to carry out such inspection, sampling and testing. The Owner shall not be responsible for any delays to the performance of the Work where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling and testing. 2.3.3 . The Contractor shall furnish promptly to the Contract Administrator, and in no event later than within fourteen (14) Calendar Days after receipt thereof, two copies of certificates and inspection reports relating to the Work prepared by Governmental Authorities and quasi-governmental authorities. 2.3.4 . If the Contractor covers, or permits to be covered, Work that has been designated for special tests, inspections or approvals before such special tests, inspections or approvals are made, given or completed, the Contractor shall, if so directed, uncover such Work, have the inspections or tests satisfactorily completed, and make good covering Work at the Contractor’s cost and without any extension of the Contract Time. 2.3.5 . Subject to GC 2.3.4, the Contract Administrator may order any portion or portions of the Work to be examined to confirm that such Work is in accordance with the requirements of the Agreement. If the Work is not in accordance with the requirements of the Agreement, the Contractor shall correct the Work and pay the cost of examination and correction and without any extension of the Contract Time. If the Work is in accordance with the requirements of the Agreement, the Owner shall pay the cost of examination and restoration. 2.3.6 . The Contractor shall pay the cost of making any test or inspection whether to be performed by the Contractor, Contract Administrator, Owner, Governmental Authorities or quasi-governmental authorities, including the cost of samples required for such test or inspection, if such test or inspection is required by the Agreement or is required by Laws. 2.3.7 . If any portion or portions of the Work is found to be Deficient in initial tests or inspections as determined by the Contractor, Owner, Contract Administrator, Governmental Authorities or quasi-governmental authorities, the costs of re-testing and re-inspections shall be borne by the Contractor and with no adjustment in the Contract Price or any extension of the Contract Time. 2.3.8 . The Contractor shall provide any documentation requested by the Owner, where that documentation relates to any of the Work. The Contractor shall ensure that all such documentation is provided no later than ten (10) Calendar Days following the receipt of any such request. 2.3.9 . The Contract Administrator and Owner will each have authority to reject any portion of the Work which in the Contract Administrator’s or Owner’s opinion is Deficient. Whenever the Contract Administrator or Owner considers it necessary or advisable, the Contract Administrator or Owner will have authority to require inspection or testing of Work, whether or not such Work is fabricated, installed or completed. 2.3.10 . Any review, inspection, comment, acceptance, approval, audit, survey or rejection, or failure to review, inspect, comment, accept, approve, audit, survey or reject, by the Owner or the Contract Administrator of the Work (including Products or any documents prepared by the Contractor, Subcontractors, Suppliers or Sub- Sub-subcontractors, in whole or in part) or the issuance of any certificates or the making of any payment by the Owner or the presence of the Owner or the Contract Administrator at the Site or the receipt or taking delivery by the Owner of any Products, shall not: .1 constitute acceptance of the Work (including Products) or any Deficiencies or relieve the Contractor of its responsibility therefor;; impose on the Owner or the Contract Administrator the responsibility for the sequencing, scheduling or progress of the Work; be deemed to confirm that any schedule is a reasonable plan for providing the Work in accordance with the relevant Construction Schedule; constitute an approval, disapproval, endorsement or confirmation of any Work (including Products or any document prepared by the Contractor, Subcontractors, Suppliers or Sub-subcontractors, in whole or in part) or an acknowledgment by the Owner or the Contract Administrator that any Work (including Products and such documents) satisfies the requirements of the Agreement; affect or change the Contractor’s obligation to perform the Work in accordance with the Agreement and relieve the Contractor from any liability arising from its failure to properly perform the Work; give rise to any duty or responsibility of the Owner or the Contract Administrator to the Contractor Parties performing any of the Work; or except as otherwise provided in the Agreement, have the effect of waiving or diminishing any obligation of, or limiting any liability of, the Contractor or of transferring any obligation under the Agreement from the Contractor to the Owner or the Contract Administrator or otherwise have the effect of amending the Agreement. Any review or approval by the Owner and/or Contract Administrator is intended only to ascertain that the document or the performance of the Contractor’s duties, liabilities, responsibilities or obligations under the Agreement including the Work generally meets the intention of the Agreement and is not an assurance or confirmation of the adequacy, quality, fitness, suitability or correctness of the Contractor’s obligations, responsibilities, duties and liabilities under the Agreement including the Work, for which the Contractor is solely responsible in accordance with the Agreement. Any Deficiencies arising from Work done by the Contractor without consulting the Contract Administrator or the Owner when the Work required the acceptance of or review with same, or when the Contractor should have sought the acceptance of Contract Administrator or Owner, shall be corrected at the cost of the Contractor (without increase in the Fixed Price or Unit Prices) and without any extension of the Contract Time.

Appears in 2 contracts

Samples: Construction Agreement, Construction Agreement

REVIEW AND INSPECTION OF THE WORK. 2.3.1 The Owner Owner, Hospital’s Project Manager, the Consultant, the Lender’s Consultant and the Contract Administrator Consultant shall have access to the Work at all timestimes during normal business hours. The Contractor shall provide sufficient, safe and proper facilities and assistance at all times for the review of the Work by the Contract Administrator and Owner Consultant and the inspection of the Work by Governmental Authorities and quasi-governmental authoritiesauthorized agencies. If parts of the Work are in preparation at locations other than the SitePlace of the Work, the Owner and the Contract Administrator Consultant, the Hospital’s Project Manager and the Lender’s Consultant shall be given access to such Work work whenever it is in progressprogress upon reasonable notice and during normal business hours. 2.3.2 If work is designated for tests, inspections inspections, or approvals for in the Work are required by the AgreementContract Documents, or by the Contract AdministratorConsultant’s instructions, or by Lawsthe laws or ordinances of the Place of the Work, the Contractor shall give the Contract Administrator no less than three (3) Working Days notification Consultant reasonable notice of when the Work work will be ready for review and inspection and make available for inspection or testing a sample of any Product. All inspection, sampling, and testing of Products shall be carried out on a random basis in accordance with the standard inspection or testing methods required for the Product. The Contractor shall arrange for and shall give the Contract Administrator Consultant reasonable notification notice of the date and time of inspections by other authorities and shall notify the Contract Administrator of the sources of supply of Products sufficiently in advance of the Product shipping dates to enable the Contract Administrator to perform any required inspection, sampling and testing. The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the Product manufacturer or supplier to carry out such inspection, sampling and testing. The Owner shall not be responsible for any delays to the performance of the Work where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling and testingauthorities. 2.3.3 The Contractor shall furnish promptly to the Contract Administrator, and in no event later than within fourteen Consultant two (142) Calendar Days after receipt thereof, two copies of certificates and inspection reports relating to the Work prepared by Governmental Authorities and quasi-governmental authoritiesWork. 2.3.4 If the Contractor covers, or permits to be covered, Work work that has been designated for special tests, inspections inspections, or approvals before such special tests, inspections inspections, or approvals are made, given or completed, the Contractor shall, if so directed, uncover such Workwork, have the inspections or tests satisfactorily completed, and make good Make Good covering Work work at the Contractor’s cost and without any extension of the Contract Time's expense. 2.3.5 Subject to GC 2.3.4, the Contract Administrator The Consultant may order any portion or portions of the Work to be examined to confirm that such Work work is in accordance with the requirements of the AgreementContract Documents. If the Work work is not in accordance with the requirements of the AgreementContract Documents, the Contractor shall correct the Work work and pay the cost of examination and correction and without any extension of the Contract Timecorrection. If the Work work is in accordance with the requirements of the AgreementContract Documents, the Owner shall pay the cost of examination and restoration. 2.3.6 The Contractor Where inspection and testing services are specified, the firm employed for such services shall pay be the cost of making any test or inspection whether to be performed firm named and paid by the Contractor, Contract Administrator, Owner, Governmental Authorities or quasi-governmental authorities, including the cost of samples required for such test or inspection, if such test or inspection is required named by the Agreement or is required by Laws. 2.3.7 If any portion or portions of the Work is found to be Deficient in initial tests or inspections as determined by the Contractor, Owner, Contract Administrator, Governmental Authorities or quasi-governmental authorities, the costs of re-testing Owner and re-inspections shall be borne paid through a Cash Allowance Disbursement Authorization by the Contractor and with no adjustment others (unless otherwise indicated) or named and paid by Contractor. Such inspection shall be identified in the Contract Price or any extension Construction Schedule and the Contractor shall give the Consultant timely notice requesting on-site inspection when required. 2.3.7 Where standards of performance are specified and the Work does not comply with the specified standard of performance, the deficiency in the Work shall be corrected as directed by the Consultant. Subsequent testing to ensure that the standard of performance has been attained (including retesting by Owner), shall be carried out at the Contractor’s expense and does not form part of the Contract Time. 2.3.8 The Contractor shall provide any documentation requested by the Owner, where that documentation relates to any Cost of the Work. The Contractor shall ensure that all such documentation is provided no later than ten (10) Calendar Days following the receipt of any such request. 2.3.9 The Contract Administrator and Owner will each have authority to reject any portion of the Work which in the Contract Administrator’s or Owner’s opinion is Deficient. Whenever the Contract Administrator or Owner considers it necessary or advisable, the Contract Administrator or Owner will have authority to require inspection or testing of Work, whether or not such Work is fabricated, installed or completed. 2.3.10 Any review, inspection, comment, acceptance, approval, audit, survey or rejection, or failure to review, inspect, comment, accept, approve, audit, survey or reject, by the Owner or the Contract Administrator of the Work (including Products or any documents prepared by the Contractor, Subcontractors, Suppliers or Sub- subcontractors, in whole or in part) or the issuance of any certificates or the making of any payment by the Owner or the presence of the Owner or the Contract Administrator at the Site or the receipt or taking delivery by the Owner of any Products, shall not: .1 constitute acceptance of the Work (including Products) or any Deficiencies or relieve the Contractor of its responsibility therefor;

Appears in 1 contract

Samples: Guaranteed Price Contract

REVIEW AND INSPECTION OF THE WORK. 2.3.1 The Owner Owner, the Owner’s Project Manager, the Consultant and the Contract Administrator Lender’s Consultant shall have access to the Work at all timestimes during normal business hours. The Contractor shall provide sufficient, safe and proper facilities and assistance at all times for the review of the Work by the Contract Administrator and Owner Consultant and the inspection of the Work by Governmental Authorities and quasi-governmental authoritiesauthorized agencies. If parts of the Work are in preparation at locations other than the SitePlace of the Work, the Owner and the Contract Administrator Consultant, the Owner’s Project Manager and the Lender’s Consultant shall be given access to such Work whenever it is in progressprogress upon reasonable notice and during normal business hours. 2.3.2 If Work is designated for tests, inspections inspections, or approvals for in the Work are required by the AgreementContract Documents, or by the Contract AdministratorConsultant’s instructions, or by Lawsthe laws or ordinances of the Place of the Work, the Contractor shall give the Contract Administrator no less than three (3) Working Days notification Consultant reasonable notice of when the Work will be ready for review and inspection and make available for inspection or testing a sample of any Product. All inspection, sampling, and testing of Products shall be carried out on a random basis in accordance with the standard inspection or testing methods required for the Product. The Contractor shall arrange for and shall give the Contract Administrator Consultant reasonable notification notice of the date and time of inspections by other authorities and shall notify the Contract Administrator of the sources of supply of Products sufficiently in advance of the Product shipping dates to enable the Contract Administrator to perform any required inspection, sampling and testing. The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the Product manufacturer or supplier to carry out such inspection, sampling and testing. The Owner shall not be responsible for any delays to the performance of the Work where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling and testingauthorities. 2.3.3 The Contractor shall furnish promptly to the Contract Administrator, and in no event later than within fourteen Consultant two (142) Calendar Days after receipt thereof, two copies of certificates and inspection reports relating to the Work prepared by Governmental Authorities and quasi-governmental authoritiesWork. 2.3.4 If the Contractor covers, or permits to be covered, Work that has been designated for special tests, inspections inspections, or approvals before such special tests, inspections inspections, or approvals are made, given or completed, the Contractor shall, if so directed, uncover such Work, have the inspections or tests satisfactorily completed, and make good Make Good covering Work at the Contractor’s cost and without any extension of the Contract Timeexpense. 2.3.5 Subject to GC 2.3.4, the Contract Administrator The Consultant may order any portion or portions of the Work to be examined to confirm that such Work is in accordance with the requirements of the AgreementContract Documents. If the Work is not in accordance with the requirements of the AgreementContract Documents, the Contractor shall correct the Work and pay the cost of examination and correction and without any extension of the Contract Timecorrection. If the Work is in accordance with the requirements of the AgreementContract Documents, the Owner shall pay the cost of examination and restoration. 2.3.6 The Contractor Where inspection and testing services are specified, the firm employed for such services shall pay be the cost of making any test or inspection whether to be performed firm named and paid by the Contractor, Contract Administrator, Owner, Governmental Authorities or quasi-governmental authorities, including the cost of samples required for such test or inspection, if such test or inspection is required named by the Agreement or is required by Laws. 2.3.7 If any portion or portions of the Work is found to be Deficient in initial tests or inspections as determined by the Contractor, Owner, Contract Administrator, Governmental Authorities or quasi-governmental authorities, the costs of re-testing Owner and re-inspections shall be borne paid through a Cash Allowance Disbursement Authorization by the Contractor and with no adjustment others (unless otherwise indicated) or named and paid by the Contractor. Such inspection shall be identified in the Contract Price or any extension Construction Schedule and the Contractor shall give the Consultant timely notice requesting on-site inspection when required. 2.3.7 Where standards of performance are specified and the Work does not comply with the specified standard of performance, the deficiency in the Work shall be corrected as directed by the Consultant. Subsequent testing to ensure that the standard of performance has been attained (including retesting by the Owner), shall be carried out at the Contractor’s expense and does not form part of the Cost of the Work and shall not extend Contract Time. 2.3.8 The Contractor shall provide any documentation requested by the Owner, where that documentation relates to any of the Work. The Contractor shall ensure that all such documentation is provided no later than ten (10) Calendar Days following the receipt of any such request. 2.3.9 The Contract Administrator and Owner will each have authority to reject any portion of the Work which in the Contract Administrator’s or Owner’s opinion is Deficient. Whenever the Contract Administrator or Owner considers it necessary or advisable, the Contract Administrator or Owner will have authority to require inspection or testing of Work, whether or not such Work is fabricated, installed or completed. 2.3.10 Any review, inspection, comment, acceptance, approval, audit, survey or rejection, or failure to review, inspect, comment, accept, approve, audit, survey or reject, by the Owner or the Contract Administrator of the Work (including Products or any documents prepared by the Contractor, Subcontractors, Suppliers or Sub- subcontractors, in whole or in part) or the issuance of any certificates or the making of any payment by the Owner or the presence of the Owner or the Contract Administrator at the Site or the receipt or taking delivery by the Owner of any Products, shall not: .1 constitute acceptance of the Work (including Products) or any Deficiencies or relieve the Contractor of its responsibility therefor;

Appears in 1 contract

Samples: Guaranteed Price Contract

REVIEW AND INSPECTION OF THE WORK. 2.3.1 The Owner Owner, the Consultant and the Contract Administrator Project Monitor shall have access to the Project Work at all times. The Contractor shall provide sufficient, safe and proper facilities and assistance at all times for the review of the Work by the Contract Administrator and Owner Consultant and the inspection of the Work by Governmental Authorities and quasi-governmental authoritiesauthorized agencies. If parts of the Work are in preparation at locations other than the SitePlace of the Work, the Owner Owner, the Consultant and the Contract Administrator Project Monitor shall be given access to such Work whenever it is in progress. 2.3.2 If Project Work is designated for tests, inspections or approvals for in the Work are required by the AgreementContract Documents, or by the Contract Administrator’s Consultants instructions, or by Lawsthe Laws or ordinances of the Place of the Work, the Contractor shall give the Contract Administrator no less than three (3) Working Days Consultant reasonable notification of when the such Project Work will be ready for review and inspection and make available for inspection or testing a sample of any Product. All inspection, sampling, and testing of Products shall be carried out on a random basis in accordance with the standard inspection or testing methods required for the Product. The Contractor shall arrange for and shall give the Contract Administrator Consultant reasonable notification of the date and time of inspections by other authorities and shall notify the Contract Administrator of the sources of supply of Products sufficiently in advance of the Product shipping dates to enable the Contract Administrator to perform any required inspection, sampling and testing. The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the Product manufacturer or supplier to carry out such inspection, sampling and testing. The Owner shall not be responsible for any delays to the performance of the Work where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling and testingauthorities. 2.3.3 The Contractor shall furnish promptly to the Contract Administrator, Prime Consultant and in no event later than within fourteen (14) Calendar Days after receipt thereof, the Project Monitor two copies of certificates and inspection reports relating to the Work prepared by Governmental Authorities and quasi-governmental authoritiesProject Work. 2.3.4 If the Contractor covers, or permits to be covered, Project Work that has been designated for special tests, inspections or approvals before such special tests, inspections or approvals are made, given or completed, the Contractor shall, if so directed, uncover such Project Work, have the inspections or tests satisfactorily completed, and make good covering Work at the Contractor’s cost and without any extension of the Contract TimeProject Work. 2.3.5 Subject to GC 2.3.4, the Contract Administrator The Consultant may order any portion or portions of the Project Work to be examined to confirm that such Work is in accordance with the requirements of the AgreementContract Documents. If the Work is not in accordance with the requirements of the Agreement, the The Contractor shall correct the Work Work, if required, and pay the cost of examination and correction and without any extension of the Contract Time. If the Work is in accordance with the requirements of the Agreementcorrection, the Owner shall pay the cost of examination and restorationsubject to paragraph 2.3.8. 2.3.6 The Contractor shall pay the cost of making any test or inspection whether to be performed by the Contractor, Contract Administrator, Owner, Governmental Authorities or quasi-governmental authoritiesinspection, including the cost of samples required for such test or inspection, if such test or inspection is required designated in the Contract Documents to be performed by the Agreement Contractor or is required designated by Lawsthe Laws or ordinances applicable to the Place of the Work. For certainty, the foregoing excludes the cost of any test or inspection that is included as a Development Cost under the Development Contract. 2.3.7 The Contractor shall pay the cost of samples required for any test or inspection to be performed by the Consultant if such test or inspection is designated in the Contract Documents. 2.3.8 If the Consultant orders any portion or portions of the Project Work is found to be Deficient in initial tests or inspections as determined by examined pursuant to paragraphs 2.3.4 and 2.3.5, and .1 the Contractorexamination uncovers a Latent Defect, Owner, Contract Administrator, Governmental Authorities or quasi-governmental authorities, then the costs of re-testing uncovering and re-inspections shall covering such Project Work, and repairing the Latent Defect, will be paid in accordance with GC 6.4 – LATENT DEFECTS AND CONCEALED OR UNKNOWN CONDITIONS; .2 the examination uncovers a defect or deficiency in the Project Work which is not a Latent Defect, then the costs of uncovering and re-covering the Project Work, and repairing the defect or deficiency will be borne by the Contractor and with no adjustment in the Contract Price or any extension of the Contract Time. 2.3.8 The Contractor shall provide any documentation requested by the Owner, where that documentation relates to any of the Work. The Contractor shall ensure that all such documentation is provided no later than ten (10) Calendar Days following the receipt of any such request. 2.3.9 The Contract Administrator and Owner will each have authority to reject any portion of the Work which in the Contract Administrator’s or Owner’s opinion is Deficient. Whenever the Contract Administrator or Owner considers it necessary or advisable, the Contract Administrator or Owner will have authority to require inspection or testing of Work, whether or not such Work is fabricated, installed or completed. 2.3.10 Any review, inspection, comment, acceptance, approval, audit, survey or rejection, or failure to review, inspect, comment, accept, approve, audit, survey or reject, by the Owner or the Contract Administrator of the Work (including Products or any documents prepared by the Contractor, Subcontractors, Suppliers or Sub- subcontractors, in whole or in part) or the issuance of any certificates or the making of any payment by the Owner or the presence of the Owner or the Contract Administrator at the Site or the receipt or taking delivery by the Owner of any Products, shall not: .1 constitute acceptance of the Work (including Products) or any Deficiencies or relieve the Contractor of its responsibility therefor;; and

Appears in 1 contract

Samples: Construction Contract

REVIEW AND INSPECTION OF THE WORK. 2.3.1 The Owner Owner, the Owner’s Project Manager, the Consultant and the Contract Administrator Lender’s Consultant shall have access to the Work at all timestimes during normal business hours. The Contractor shall provide sufficient, safe and proper facilities and assistance at all times for the review of the Work by the Contract Administrator and Owner Consultant and the inspection of the Work by Governmental Authorities and quasi-governmental authoritiesauthorized agencies. If parts of the Work are in preparation at locations other than the SitePlace of the Work, the Owner and the Contract Administrator Consultant, the Owner’s Project Manager and the Lender’s Consultant shall be given access to such Work work whenever it is in progressprogress upon reasonable notice and during normal business hours. 2.3.2 If work is designated for tests, inspections inspections, or approvals for in the Work are required by the AgreementContract Documents, or by the Contract AdministratorConsultant’s instructions, or by Lawsthe laws or ordinances of the Place of the Work, the Contractor shall give the Contract Administrator no less than three (3) Working Days notification Consultant reasonable notice of when the Work work will be ready for review and inspection and make available for inspection or testing a sample of any Product. All inspection, sampling, and testing of Products shall be carried out on a random basis in accordance with the standard inspection or testing methods required for the Product. The Contractor shall arrange for and shall give the Contract Administrator Consultant reasonable notification notice of the date and time of inspections by other authorities and shall notify the Contract Administrator of the sources of supply of Products sufficiently in advance of the Product shipping dates to enable the Contract Administrator to perform any required inspection, sampling and testing. The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the Product manufacturer or supplier to carry out such inspection, sampling and testing. The Owner shall not be responsible for any delays to the performance of the Work where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling and testingauthorities. 2.3.3 The Contractor shall furnish promptly to the Contract Administrator, and in no event later than within fourteen Consultant two (142) Calendar Days after receipt thereof, two copies of certificates and inspection reports relating to the Work prepared by Governmental Authorities and quasi-governmental authoritiesWork. 2.3.4 If the Contractor covers, or permits to be covered, Work that has been designated for special tests, inspections inspections, or approvals before such special tests, inspections inspections, or approvals are made, given or completed, the Contractor shall, if so directed, uncover such Work, have the inspections or tests satisfactorily completed, and make good Make Good covering Work at the Contractor’s cost and without any extension of the Contract Time's expense. 2.3.5 Subject to GC 2.3.4, the Contract Administrator The Consultant may order any portion or portions of the Work to be examined to confirm that such Work work is in accordance with the requirements of the AgreementContract Documents. If the Work work is not in accordance with the requirements of the AgreementContract Documents, the Contractor shall correct the Work work and pay the cost of examination and correction and without any extension of the Contract Timecorrection. If the Work work is in accordance with the requirements of the AgreementContract Documents, the Owner shall pay the cost of examination and restoration. 2.3.6 The Contractor Where inspection and testing services are specified, the firm employed for such services shall pay be the cost of making any test or inspection whether to be performed firm named and paid by the Contractor, Contract Administrator, Owner, Governmental Authorities or quasi-governmental authorities, including the cost of samples required for such test or inspection, if such test or inspection is required named by the Agreement or is required by Laws. 2.3.7 If any portion or portions of the Work is found to be Deficient in initial tests or inspections as determined by the Contractor, Owner, Contract Administrator, Governmental Authorities or quasi-governmental authorities, the costs of re-testing Owner and re-inspections shall be borne paid through a Cash Allowance Disbursement Authorization by the Contractor and with no adjustment others (unless otherwise indicated) or named and paid by the Contractor. Such inspection shall be identified in the Contract Price or any extension of Construction Schedule and the Contract TimeContractor shall give the Consultant timely notice requesting on-site inspection when required. 2.3.8 The Contractor 2.3.7 Where standards of performance are specified and the Work does not comply with the specified standard of performance, the deficiency in the Work shall provide any documentation requested be corrected as directed by the Consultant. Subsequent testing to ensure that the standard of performance has been attained (including retesting by the Owner), where that documentation relates to any shall be carried out at the Contractor’s expense and does not form part of the Cost of the Work. The Contractor shall ensure that all such documentation is provided no later than ten (10) Calendar Days following the receipt of any such request. 2.3.9 The Contract Administrator and Owner will each have authority to reject any portion of the Work which in the Contract Administrator’s or Owner’s opinion is Deficient. Whenever the Contract Administrator or Owner considers it necessary or advisable, the Contract Administrator or Owner will have authority to require inspection or testing of Work, whether or not such Work is fabricated, installed or completed. 2.3.10 Any review, inspection, comment, acceptance, approval, audit, survey or rejection, or failure to review, inspect, comment, accept, approve, audit, survey or reject, by the Owner or the Contract Administrator of the Work (including Products or any documents prepared by the Contractor, Subcontractors, Suppliers or Sub- subcontractors, in whole or in part) or the issuance of any certificates or the making of any payment by the Owner or the presence of the Owner or the Contract Administrator at the Site or the receipt or taking delivery by the Owner of any Products, shall not: .1 constitute acceptance of the Work (including Products) or any Deficiencies or relieve the Contractor of its responsibility therefor;

Appears in 1 contract

Samples: Guaranteed Price Contract

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REVIEW AND INSPECTION OF THE WORK. 2.3.1 The Owner Owner, the Hospital’s Project Manager, the Consultant and the Contract Administrator Lender’s Consultant shall have access to the Work at all timestimes during normal business hours. The Contractor shall provide sufficient, safe and proper facilities and assistance at all times for the review of the Work by the Contract Administrator and Owner Consultant and the inspection of the Work by Governmental Authorities and quasi-governmental authoritiesauthorized agencies. If parts of the Work are in preparation at locations other than the SitePlace of the Work, the Owner and the Contract Administrator Consultant, the Hospital’s Project Manager and the Lender’s Consultant shall be given access to such Work whenever it is in progressprogress upon reasonable notice and during normal business hours. 2.3.2 If Work is designated for tests, inspections inspections, or approvals for in the Work are required by the AgreementContract Documents, or by the Contract AdministratorConsultant’s instructions, or by Lawsthe laws or ordinances of the Place of the Work, the Contractor shall give the Contract Administrator no less than three (3) Working Days notification Consultant reasonable notice of when the Work will be ready for review and inspection and make available for inspection or testing a sample of any Product. All inspection, sampling, and testing of Products shall be carried out on a random basis in accordance with the standard inspection or testing methods required for the Product. The Contractor shall arrange for and shall give the Contract Administrator Consultant reasonable notification notice of the date and time of inspections by other authorities and shall notify the Contract Administrator of the sources of supply of Products sufficiently in advance of the Product shipping dates to enable the Contract Administrator to perform any required inspection, sampling and testing. The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the Product manufacturer or supplier to carry out such inspection, sampling and testing. The Owner shall not be responsible for any delays to the performance of the Work where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling and testingauthorities. 2.3.3 The Contractor shall furnish promptly to the Contract Administrator, and in no event later than within fourteen Consultant two (142) Calendar Days after receipt thereof, two copies of certificates and inspection reports relating to the Work prepared by Governmental Authorities and quasi-governmental authoritiesWork. 2.3.4 If the Contractor covers, or permits to be covered, Work that has been designated for special tests, inspections inspections, or approvals before such special tests, inspections inspections, or approvals are made, given or completed, the Contractor shall, if so directed, uncover such Work, have the inspections or tests satisfactorily completed, and make good Make Good covering Work at the Contractor’s cost and without any extension of the Contract Timeexpense. 2.3.5 Subject to GC 2.3.4, the Contract Administrator The Consultant may order any portion or portions of the Work to be examined to confirm that such Work is in accordance with the requirements of the AgreementContract Documents. If the Work is not in accordance with the requirements of the AgreementContract Documents, the Contractor shall correct the Work and pay the cost of examination and correction and without any extension of the Contract Timecorrection. If the Work is in accordance with the requirements of the AgreementContract Documents, the Owner shall pay the cost of examination and restoration. 2.3.6 The Contractor Where inspection and testing services are specified, the firm employed for such services shall pay be the cost of making any test or inspection whether to be performed firm named and paid by the Contractor, Contract Administrator, Owner, Governmental Authorities or quasi-governmental authorities, including the cost of samples required for such test or inspection, if such test or inspection is required named by the Agreement or is required by Laws. 2.3.7 If any portion or portions of the Work is found to be Deficient in initial tests or inspections as determined by the Contractor, Owner, Contract Administrator, Governmental Authorities or quasi-governmental authorities, the costs of re-testing Owner and re-inspections shall be borne paid through a Cash Allowance Disbursement Authorization by the Contractor and with no adjustment others (unless otherwise indicated) or named and paid by the Contractor. Such inspection shall be identified in the Contract Price or any extension Construction Schedule and the Contractor shall give the Consultant timely notice requesting on-site inspection when required. 2.3.7 Where standards of performance are specified and the Work does not comply with the specified standard of performance, the deficiency in the Work shall be corrected as directed by the Consultant. Subsequent testing to ensure that the standard of performance has been attained (including retesting by Owner), shall be carried out at the Contractor’s expense and does not form part of the Contract Time. 2.3.8 The Contractor shall provide any documentation requested by the Owner, where that documentation relates to any Cost of the Work. The Contractor shall ensure that all such documentation is provided no later than ten (10) Calendar Days following the receipt of any such request. 2.3.9 The Contract Administrator and Owner will each have authority to reject any portion of the Work which in the Contract Administrator’s or Owner’s opinion is Deficient. Whenever the Contract Administrator or Owner considers it necessary or advisable, the Contract Administrator or Owner will have authority to require inspection or testing of Work, whether or not such Work is fabricated, installed or completed. 2.3.10 Any review, inspection, comment, acceptance, approval, audit, survey or rejection, or failure to review, inspect, comment, accept, approve, audit, survey or reject, by the Owner or the Contract Administrator of the Work (including Products or any documents prepared by the Contractor, Subcontractors, Suppliers or Sub- subcontractors, in whole or in part) or the issuance of any certificates or the making of any payment by the Owner or the presence of the Owner or the Contract Administrator at the Site or the receipt or taking delivery by the Owner of any Products, shall not: .1 constitute acceptance of the Work (including Products) or any Deficiencies or relieve the Contractor of its responsibility therefor;

Appears in 1 contract

Samples: Guaranteed Price Contract

REVIEW AND INSPECTION OF THE WORK. 2.3.1 The Owner Owner, the Owner’s Project Manager, the Consultant and the Contract Administrator Lender’s Consultant shall have access to the Work at all timestimes during normal business hours. The Contractor shall provide sufficient, safe and proper facilities and assistance at all times for the review of the Work by the Contract Administrator and Owner Consultant and the inspection of the Work by Governmental Authorities and quasi-governmental authoritiesauthorized agencies. If parts of the Work are in preparation at locations other than the SitePlace of the Work, the Owner and the Contract Administrator Consultant, the Owner’s Project Manager and the Lender’s Consultant shall be given access to such Work whenever it is in progressprogress upon reasonable notice and during normal business hours. 2.3.2 If Work is designated for tests, inspections inspections, or approvals for in the Work are required by the AgreementContract Documents, or by the Contract AdministratorConsultant’s instructions, or by Lawsthe laws or ordinances of the Place of the Work, the Contractor shall give the Contract Administrator no less than three (3) Working Days notification Consultant reasonable notice of when the Work will be ready for review and inspection and make available for inspection or testing a sample of any Product. All inspection, sampling, and testing of Products shall be carried out on a random basis in accordance with the standard inspection or testing methods required for the Product. The Contractor shall arrange for and shall give the Contract Administrator Consultant reasonable notification notice of the date and time of inspections by other authorities and shall notify the Contract Administrator of the sources of supply of Products sufficiently in advance of the Product shipping dates to enable the Contract Administrator to perform any required inspection, sampling and testing. The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the Product manufacturer or supplier to carry out such inspection, sampling and testing. The Owner shall not be responsible for any delays to the performance of the Work where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling and testingauthorities. 2.3.3 The Contractor shall furnish promptly to the Contract Administrator, and in no event later than within fourteen Consultant two (142) Calendar Days after receipt thereof, two copies of certificates and inspection reports relating to the Work prepared by Governmental Authorities and quasi-governmental authoritiesWork. 2.3.4 If the Contractor covers, or permits to be covered, Work that has been designated for special tests, inspections inspections, or approvals before such special tests, inspections inspections, or approvals are made, given or completed, the Contractor shall, if so directed, uncover such Work, have the inspections or tests satisfactorily completed, and make good Make Good covering Work at the Contractor’s cost and without any extension of the Contract Timeexpense. 2.3.5 Subject to GC 2.3.4, the Contract Administrator The Consultant may order any portion or portions of the Work to be examined to confirm that such Work is in accordance with the requirements of the AgreementContract Documents. If the Work is not in accordance with the requirements of the AgreementContract Documents, the Contractor shall correct the Work and pay the cost of examination and correction and without any extension of the Contract Timecorrection. If the Work is in accordance with the requirements of the AgreementContract Documents, the Owner shall pay the cost of examination and restoration. 2.3.6 The Contractor Where inspection and testing services are specified, the firm employed for such services shall pay be the cost of making any test or inspection whether to be performed firm named and paid by the Contractor, Contract Administrator, Owner, Governmental Authorities or quasi-governmental authorities, including the cost of samples required for such test or inspection, if such test or inspection is required named by the Agreement or is required by Laws. 2.3.7 If any portion or portions of the Work is found to be Deficient in initial tests or inspections as determined by the Contractor, Owner, Contract Administrator, Governmental Authorities or quasi-governmental authorities, the costs of re-testing Owner and re-inspections shall be borne paid through a Cash Allowance Disbursement Authorization by the Contractor and with no adjustment others (unless otherwise indicated) or named and paid by the Contractor. Such inspection shall be identified in the Contract Price or any extension Construction Schedule and the Contractor shall give the Consultant timely notice requesting on-site inspection when required. 2.3.7 Where standards of performance are specified and the Work does not comply with the specified standard of performance, the deficiency in the Work shall be corrected as directed by the Consultant. Subsequent testing to ensure that the standard of performance has been attained (including retesting by Owner), shall be carried out at the Contractor’s expense and does not form part of the Contract Time. 2.3.8 The Contractor shall provide any documentation requested by the Owner, where that documentation relates to any Cost of the Work. The Contractor shall ensure that all such documentation is provided no later than ten (10) Calendar Days following the receipt of any such request. 2.3.9 The Contract Administrator and Owner will each have authority to reject any portion of the Work which in the Contract Administrator’s or Owner’s opinion is Deficient. Whenever the Contract Administrator or Owner considers it necessary or advisable, the Contract Administrator or Owner will have authority to require inspection or testing of Work, whether or not such Work is fabricated, installed or completed. 2.3.10 Any review, inspection, comment, acceptance, approval, audit, survey or rejection, or failure to review, inspect, comment, accept, approve, audit, survey or reject, by the Owner or the Contract Administrator of the Work (including Products or any documents prepared by the Contractor, Subcontractors, Suppliers or Sub- subcontractors, in whole or in part) or the issuance of any certificates or the making of any payment by the Owner or the presence of the Owner or the Contract Administrator at the Site or the receipt or taking delivery by the Owner of any Products, shall not: .1 constitute acceptance of the Work (including Products) or any Deficiencies or relieve the Contractor of its responsibility therefor;

Appears in 1 contract

Samples: Guaranteed Price Contract

REVIEW AND INSPECTION OF THE WORK. 2.3.1 The Owner Owner, the Owner’s Project Manager, the Consultant and the Contract Administrator Lender’s Consultant shall have access to the Work at all timestimes during normal business hours. The Contractor shall provide sufficient, safe and proper facilities and assistance at all times for the review of the Work by the Contract Administrator and Owner Consultant and the inspection of the Work by Governmental Authorities and quasi-governmental authoritiesauthorized agencies. If parts of the Work are in preparation at locations other than the SitePlace of the Work, the Owner and the Contract Administrator Consultant, the Owner’s Project Manager and the Lender’s Consultant shall be given access to such Work whenever it is in progressprogress upon reasonable notice and during normal business hours. 2.3.2 If Work is designated for tests, inspections inspections, or approvals for in the Work are required by the AgreementContract Documents, or by the Contract AdministratorConsultant’s instructions, or by Lawsthe laws or ordinances of the Place of the Work, the Contractor shall give the Contract Administrator no less than three (3) Working Days notification Consultant reasonable notice of when the Work will be ready for review and inspection and make available for inspection or testing a sample of any Product. All inspection, sampling, and testing of Products shall be carried out on a random basis in accordance with the standard inspection or testing methods required for the Product. The Contractor shall arrange for and shall give the Contract Administrator Consultant reasonable notification notice of the date and time of inspections by other authorities and shall notify the Contract Administrator of the sources of supply of Products sufficiently in advance of the Product shipping dates to enable the Contract Administrator to perform any required inspection, sampling and testing. The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the Product manufacturer or supplier to carry out such inspection, sampling and testing. The Owner shall not be responsible for any delays to the performance of the Work where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling and testingauthorities. 2.3.3 The Contractor shall furnish promptly to the Contract Administrator, and in no event later than within fourteen Consultant two (142) Calendar Days after receipt thereof, two copies of certificates and inspection reports relating to the Work prepared by Governmental Authorities and quasi-governmental authoritiesWork. 2.3.4 If the Contractor covers, or permits to be covered, Work that has been designated for special tests, inspections inspections, or approvals before such special tests, inspections inspections, or approvals are made, given or completed, the Contractor shall, if so directed, uncover such Work, have the inspections or tests satisfactorily completed, and make good Make Good covering Work at the Contractor’s cost and without any extension of the Contract Timeexpense. 2.3.5 Subject to GC 2.3.4, the Contract Administrator The Consultant may order any portion or portions of the Work to be examined to confirm that such Work is in accordance with the requirements of the AgreementContract Documents. If the Work is not in accordance with the requirements of the AgreementContract Documents, the Contractor shall correct the Work and pay the cost of examination and correction and without any extension of the Contract Timecorrection. If the Work is in accordance with the requirements of the AgreementContract Documents, the Owner shall pay the cost of examination and restoration. 2.3.6 The Contractor Where inspection and testing services are specified, the firm employed for such services shall pay be the cost of making any test or inspection whether to be performed firm named and paid by the Contractor, Contract Administrator, Owner, Governmental Authorities or quasi-governmental authorities, including the cost of samples required for such test or inspection, if such test or inspection is required named by the Agreement or is required by Laws. 2.3.7 If any portion or portions of the Work is found to be Deficient in initial tests or inspections as determined by the Contractor, Owner, Contract Administrator, Governmental Authorities or quasi-governmental authorities, the costs of re-testing Owner and re-inspections shall be borne paid through a Cash Allowance Disbursement Authorization by the Contractor and with no adjustment others (unless otherwise indicated) or named and paid by the Contractor. Such inspection shall be identified in the Contract Price or any extension Construction Schedule and the Contractor shall give the Consultant timely notice requesting on-site inspection when required. 2.3.7 Where standards of performance are specified and the Work does not comply with the specified standard of performance, the deficiency in the Work shall be corrected as directed by the Consultant. Subsequent testing to ensure that the standard of performance has been attained (including retesting by the Owner), shall be carried out at the Contractor’s expense and does not form part of the Cost of the Work and shall not extend the Contract Time. 2.3.8 The Contractor shall provide any documentation requested by the Owner, where that documentation relates to any of the Work. The Contractor shall ensure that all such documentation is provided no later than ten (10) Calendar Days following the receipt of any such request. 2.3.9 The Contract Administrator and Owner will each have authority to reject any portion of the Work which in the Contract Administrator’s or Owner’s opinion is Deficient. Whenever the Contract Administrator or Owner considers it necessary or advisable, the Contract Administrator or Owner will have authority to require inspection or testing of Work, whether or not such Work is fabricated, installed or completed. 2.3.10 Any review, inspection, comment, acceptance, approval, audit, survey or rejection, or failure to review, inspect, comment, accept, approve, audit, survey or reject, by the Owner or the Contract Administrator of the Work (including Products or any documents prepared by the Contractor, Subcontractors, Suppliers or Sub- subcontractors, in whole or in part) or the issuance of any certificates or the making of any payment by the Owner or the presence of the Owner or the Contract Administrator at the Site or the receipt or taking delivery by the Owner of any Products, shall not: .1 constitute acceptance of the Work (including Products) or any Deficiencies or relieve the Contractor of its responsibility therefor;

Appears in 1 contract

Samples: Guaranteed Price Contract

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