public sector standard conditions of contract for design and build 2008

pursuant to Clause 32 the cost of the test and/or for any Loss and Expense which the Contractormay have incurred as a result of such test. The cost of the test shall be valued in accordancewith Clause 20 as if it were a variation ordered under Clause 19 but shall not otherwise beconstrued as variation to the Works for the purpose of Clause 19 or 20.10.5 Examination and Measurement of Works before Covering UpNo Works shall be covered up or put out of view without the approval of the SuperintendingOfficer or the Superintending Officer's Representative and the Contractor shall afford fullopportunity for the Superintending Officer or the Superintending Officer's Representative toexamine and measure any of the Works which is about to be covered up or put out of view. TheContractor shall give due notice to the Superintending Officer's Representative whenever anysuch Works are ready or about to be ready for examination and the Superintending Officer'sRepresentative shall without unreasonable delay, unless he considers it unnecessary andadvises the Contractor in writing accordingly, attend for the purpose of examining andmeasuring such Works. If the Contractor shall fail and/or neglect to comply with the provisionsof this Clause:(a)(b)the Superintending Officer may require the Contractor to uncover any part or parts ofthe Works or to do all such things as are necessary for the Superintending Officer orthe Superintending Officer's Representative to inspect the Works as constructed andthe cost of such requirements as directed by the Superintending Officer shall be borneby the Contractor whether or not such part or parts uncovered are found to beexecuted in accordance with the Contract and the Contractor shall not be entitled toany extension of time for any delay thereby caused; andthe additional cost of any measures or requirements carried out by or directed by theSuperintending Officer shall be borne by the Contractor.10.6 Uncovering and Making OpeningsThe Contractor shall uncover any part or parts of the Works or make openings in or through thesame as the Superintending Officer may from time to time instruct in writing and shall reinstateand make good such part or parts to the satisfaction of the Superintending Officer. If any suchpart or parts have been covered up or put out of view after compliance with the requirements ofClause 10.5 and are found to be executed in accordance with the Contract, then subject tocompliance by the Contractor with Clauses 14, 23 and 32 the Superintending Officer may grantan extension of time pursuant to Clause 14, and may certify pursuant to Clause 32 such sum asmay be reasonable to cover the costs of uncovering, making openings in or through, reinstatingand making good the same and any Loss and Expense but in any other case all such costs andany Loss and Expense shall be borne by the Contractor and the Contractor shall also not beentitled to any extension of time for any delay caused by such instruction.10.7 Defects during the Progress of the WorksIf the Superintending Officer during the progress of the Works finds any Defects, he mayinstruct the Contractor in writing to do any or all of the following:(a)To demolish and reconstruct any work so that it is in accordance with the Contract.(b) To remove from or not to bring to the Site any materials or goods which in theopinion of the Superintending Officer are or may not be in accordance with theContract and to replace such materials or goods with materials or goods which are inaccordance with the Contract.___________________________________________________________________________________Public Sector Standard Conditions of Contract for Design and Build (Fifth edition December 2008) 18