Download Tender Document - High Commission of India, Colombo

MEASURED PRICE CONSTRUCTION CONTRACT
General Conditions
Operational excellence for results that matter
Contractor to carry out additional tests. If these varied or additional tests
show that the tested Plant, Materials or workmanship is not in accordance
with the Contract, all costs of carrying out this Variation shall be borne by the
Contractor, notwithstanding any other provisions of the Contract, and the
Contractor shall not be entitled to an extension of time or an adjustment to the
Contract Price for performing such tests.
(k)
(l)
If the Employer's Representative does not attend at the time and place
agreed, the Contractor may proceed with the tests, unless otherwise
instructed by the Employer's Representative.
If the Contractor suffers delay and/or incurs Costs from complying with an
instruction by the Employer's Representative to perform varied or additional
tests, and the results of such tests shows that the tested Plant, Materials or
workmanship is in accordance with the Contract, the Contractor shall give a
Claim Notice to the Employer's Representative and shall be entitled subject to
Sub-Clause 20.1 [Contractor's Claims] to:
(i)
(ii)
an extension of time for any such delay, if completion is or will be
delayed, under Sub-Clause 8.4 [Extension of Time for Completion];
and
payment of any Costs, which shall be added to the Contract Price as
a Variation.
(m)
(n)
After receiving the Claim Notice under Sub-Clause 7.4(l), the Employer's
Representative shall proceed in accordance with Sub-Clause 20.1
[Contractor's Claims] and Sub-Clause 3.5 [Determinations] to agree or
determine the matters described in Sub-Clause 7.4(l).
The Contractor shall promptly forward to the Employer's Representative duly
certified reports of all tests performed in accordance with the Contract and the
Specification. When the specified tests have been passed, the Employer's
Representative shall endorse the Contractor's test certificate, or issue a
certificate to that effect. If the Employer's Representative has not attended
the tests, it shall be deemed to have accepted the readings as accurate.
7.5 Rejection
Rejection
(a)
(b)
If, as a result of an examination, inspection, measurement or testing, any
Plant, Materials, design or workmanship is found to be defective or otherwise
not in accordance with the Contract, the Employer may reject the Plant,
Materials, design or workmanship by giving notice to the Contractor, with
reasons. The Contractor shall (at its cost) then promptly make good the
defect and ensure that the rejected item complies with the Contract.
If the Employer's Representative requires this Plant, Materials, design or
workmanship to be retested, the tests shall be repeated under the same
terms and conditions. If the rejection and retesting cause the Employer to
incur additional Costs, the Contractor shall pay these Costs to the Employer.
© UNOPS 2011 62