Common use of Testing and Inspections Clause in Contracts

Testing and Inspections. ‌ 33.1. The Owner shall employ and pay for the services of independent testing firms to perform all inspections, tests, or approvals required by the Contract Documents except as otherwise specifically provided in the Contract Documents. 33.2. The Owner, other representatives and personnel of the Owner, independent testing laboratories, and governmental agencies with jurisdictional interests shall have access to the Project at all reasonable times for their observation, inspecting, and testing. The CM shall provide all such persons proper and safe conditions for such access and advise them of the CM's Project safety procedures and programs so that they may comply therewith as applicable. 33.3. The Owner, other representatives and personnel of the Owner and independent testing laboratories may at all reasonable times visit, enter, and make inspections at any building, factory, workshop, work, or site where materials are being prepared, made, or treated, or where work is being done in connection with the Project. 33.4. Technical inspection and testing shall be coordinated by the CM. The CM shall be provided with a copy of all inspection and testing reports on the day of the inspection or test or when issued. 33.5. The CM shall give timely notice of readiness for all required inspections, tests, or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 33.6. If laws or regulations of any public body having jurisdiction require any specific or regular inspection, test or approval by an employee or other representative of such public body, the CM shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, and furnish the Owner the required certificates of inspection or approval. 33.7. If any inspection or test must be repeated through no fault of the Owner, all fees and charges incurred by the Owner for repeating such tests or inspections will be charged against the CM, and deducted from any monies due or to become due the CM or, at the Owner's option, the CM shall promptly reimburse the Owner for such fees and charges (or such remaining fees and charges after such deduction). 33.8. No review or inspection by the Owner shall relieve the CM of its obligations under the Contract Documents. The Owner does not have a duty to the CM to perform reviews or inspections, and the Owner shall not be deemed responsible for the CM'S failure to perform in accordance with the Contract Documents based on any failure of the Owner to conduct tests or inspections. Rights hereunder of the Owner, other representatives and personnel of the Owner and independent testing laboratories to make inspections, conduct tests or reviews, take samples, give instructions, raise objections, or the like shall not give rise to any duty to do so for the benefit of the CM or any other person or entity.

Appears in 2 contracts

Samples: Architect Contract, Construction Management Agreement

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Testing and Inspections. 33.132.1. The Owner shall employ and pay for the services of independent testing firms to perform all inspections, tests, or approvals required by the Contract Documents except as otherwise specifically provided in the Contract Documents. 33.232.2. The Owner, other representatives and personnel of the Owner, independent testing laboratories, and governmental agencies with jurisdictional interests shall have access to the Project at all reasonable times for their observation, inspecting, and testing. The CM shall provide all such persons proper and safe conditions for such access and advise them of the CM's Project safety procedures and programs so that they may comply therewith as applicable. 33.332.3. The Owner, other representatives and personnel of the Owner and independent testing laboratories may at all reasonable times visit, enter, and make inspections at any building, factory, workshop, work, or site where materials are being prepared, made, or treated, or where work is being done in connection with the Project. 33.432.4. Technical inspection and testing shall be coordinated by the CM. The CM shall be provided with a copy of all inspection and testing reports on the day of the inspection or test or when issued. 33.532.5. The CM shall give timely notice of readiness for all required inspections, tests, or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 33.632.6. If laws or regulations of any public body having jurisdiction require any specific or regular inspection, test or approval by an employee or other representative of such public body, the CM shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, and furnish the Owner the required certificates of inspection or approval. 33.732.7. If any inspection or test must be repeated through no fault of the Owner, all fees and charges incurred by the Owner for repeating such tests or inspections will be charged against the CM, and deducted from any monies due or to become due the CM or, at the Owner's option, the CM shall promptly reimburse the Owner for such fees and charges (or such remaining fees and charges after such deduction). 33.832.8. No review or inspection by the Owner shall relieve the CM of its obligations under the Contract Documents. The Owner does not have a duty to the CM to perform reviews or inspections, and the Owner shall not be deemed responsible for the CM'S failure to perform in accordance with the Contract Documents based on any failure of the Owner to conduct tests or inspections. Rights hereunder of the Owner, other representatives and personnel of the Owner and independent testing laboratories to make inspections, conduct tests or reviews, take samples, give instructions, raise objections, or the like shall not give rise to any duty to do so for the benefit of the CM or any other person or entity.

Appears in 1 contract

Samples: Construction Management Agreement

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Testing and Inspections. 33.1. The Owner shall employ and pay for the services of independent testing firms to perform all inspections, tests, or approvals required by the Contract Documents except as otherwise specifically provided in the Contract Documents. 33.2. The Owner, other representatives and personnel of the Owner, independent testing laboratories, and governmental agencies with jurisdictional interests shall have access to the any School Project at all reasonable times for their observation, inspecting, and testing. The CM shall provide all such persons proper and safe conditions for such access and advise them of the CM's Project safety procedures and programs so that they may comply therewith as applicable. 33.3. The Owner, other representatives and personnel of the Owner and independent testing laboratories may at all reasonable times visit, enter, and make inspections at any building, factory, workshop, work, or site where materials are being prepared, made, or treated, or where work is being done in connection with the any School Project. 33.4. Technical inspection and testing shall be coordinated by the CM. The CM shall be provided with a copy of all inspection and testing reports on the day of the inspection or test or when issued. 33.5. The CM shall give timely notice of readiness for all required inspections, tests, or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 33.6. If laws or regulations of any public body having jurisdiction require any specific or regular inspection, test or approval by an employee or other representative of such public body, the CM shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, and furnish the Owner the required certificates of inspection or approval. 33.7. If any inspection or test must be repeated through no fault of the Owner, all fees and charges incurred by the Owner for repeating such tests or inspections will be charged against the CM, and deducted from any monies due or to become due the CM or, at the Owner's option, the CM shall promptly reimburse the Owner for such fees and charges (or such remaining fees and charges after such deduction). 33.8. No review or inspection by the Owner shall relieve the CM of its obligations under the Contract Documents. The Owner does not have a duty to the CM to perform reviews or inspections, and the Owner shall not be deemed responsible for the CM'S failure to perform in accordance with the Contract Documents based on any failure of the Owner to conduct tests or inspections. Rights hereunder of the Owner, other representatives and personnel of the Owner and independent testing laboratories to make inspections, conduct tests or reviews, take samples, give instructions, raise objections, or the like shall not give rise to any duty to do so for the benefit of the CM or any other person or entity.or

Appears in 1 contract

Samples: Architect Contract

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