Common use of Failure to Pass Tests on Completion Clause in Contracts

Failure to Pass Tests on Completion. If the Works, or a Section, fail to pass the Tests on Completion repeated under Sub-Clause 9.3 [Retesting], the Engineer shall be entitled to: (a) order further repetition of Tests on Completion under Sub-Clause 9.3; (b) 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-paragraph (c) of Sub-Clause 11.4 [Failure to Remedy Defects]; or

Failure to Pass Tests on Completion. If the Works, or a Section, fail or a Part fails to pass the Tests on Completion repeated under Sub-Clause 9.3 [Retesting], the Engineer shall be entitled to: : (a) order further repetition of Tests on Completion under Sub-Clause 9.3; 9.3 until the Tests on Completion are passed; or (b) if the failure deprives the Employer of substantially the whole benefit after one further repetition of the Works or SectionTests on Completion under Sub-Clause 9.3 [Retesting], reject the Works or Section (as the case may be), in which event the Employer shall have apply the same remedies remedy as are is provided for in sub-paragraph (c) of Sub-Clause 11.4 [Failure to Remedy Defects]; or] and in such circumstances the Tests on Completion shall be deemed to have been passed.