Testing during Construction Period Clause Samples
The "Testing during Construction Period" clause establishes the requirements and procedures for inspecting and verifying the quality and progress of work while a project is still under construction. Typically, this clause outlines the types of tests to be performed, the standards to be met, and the responsibilities of both the contractor and the owner regarding scheduling and witnessing tests. For example, it may require that certain materials or systems be tested before being covered up or that third-party inspectors be used for critical components. The core function of this clause is to ensure that construction meets specified standards and to identify and address defects early, thereby reducing the risk of costly corrections or disputes after completion.
Testing during Construction Period a. If the Authority or the Independent Engineer requires Tests at any time during the Construction Period, the Concessionaire shall provide all documents and other information necessary for testing and other such assistance, labour, materials, electricity, fuel, stores, apparatus and instruments as are necessary to carry out such tests efficiently. The Concessionaire shall provide engineering support and technical know‐how as the Authority or the Independent Engineer shall reasonably request for the purpose of the Tests.
b. The Concessionaire shall provide sufficient and suitably qualified and experienced staff to carry out such Tests. The Independent Engineer and the Authority shall attend all such Tests.
c. If Independent Engineer and Authority do not attend at the time and place agreed the Concessionaire may proceed with the Tests, unless the Independent Engineer or Authority instructs the Concessionaire otherwise. In such a situation, such Tests shall be deemed to have been made in the presence of the Authority and the Independent Engineer.
d. The Concessionaire shall promptly forward to the Independent Engineer and the Authority duly certified reports of the Tests. If the Independent Engineer has not attended the Tests, he shall accept the readings as accurate. When the specified Tests have been passed, Independent Engineer shall endorse the Concessionaire's Test certificate, or issue a confirmation to it to that effect and intimate Authority forthwith.
e. The Authority is entitled to insist for the Concessionaire to carry out any Tests of any type, as it deems fit. If such Tests are not in accordance with general Good Industry Practices, then the Authority may carry out the tests and the Cost of which shall be borne by the Concessionaire.