Download Tender Document - High Commission of India, Colombo

MEASURED PRICE CONSTRUCTION CONTRACT
General Conditions
Operational excellence for results that matter
9.3 Retesting
Retesting
If the Works, or a Section, fail to pass the Tests on Completion, Sub-Clause 7.5
[Rejection] shall apply, and the Employer's Representative or the Contractor may
require the failed Tests on Completion, and Tests on Completion on any related
work, to be repeated under the same terms and conditions.
9.4 Failure to Pass Tests on Completion
Failure to Pass Tests on Completion
(a)
If the Works, or a Section, fail to pass the Tests on Completion repeated
under Sub-Clause 9.3 [Retesting], the Employer's Representative may, in its
sole and absolute discretion:
(i) order further repetition of Tests on Completion under Sub-Clause 9.3
[Retesting];
(ii)
(iii)
if the failure deprives the Employer of substantially the whole benefit
of the Works or Section, reject the Works or Section (as the case may
be), in which event the Employer shall have the same remedies as
are provided in Sub-Clause 11.4(b) [Failure to Remedy Defects]; or
issue a Taking Over Certificate, if the Employer so requests.
(b)
(c)
In the event of the application of Sub-Clause 9.4(a)(iii), the Contractor shall
proceed in accordance with all of its other obligations under the Contract, and
the Contract Price shall be reduced by such amount as shall be appropriate
to cover the reduced value to the Employer as a result of this failure.
Unless the relevant reduction for this failure is stated (or its method of
calculation is defined) in the Contract, the Employer may require the
reduction to be:
(i)
(ii)
agreed by both Parties (in full satisfaction of this failure only) and paid
before this Taking Over Certificate is issued; or
determined and paid under Sub-Clause 3.5 [Determinations].
10. EMPLOYER'S TAKING OVER
10.1 Taking Over of the Works and Sections
Taking Over of the Works and Sections
(a)
Except as stated in Sub-Clause 9.4 [Failure to Pass Tests on Completion],
the Works shall be Taken Over by the Employer when:
© UNOPS 2011 74