Common use of Inspection and Testing of Materials Clause in Contracts

Inspection and Testing of Materials. All materials, equipment, etc., used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency, or as required by the contract documents. The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the OWNER, and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents, all re-testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR’S expense. If the ENGINEER and/or OWNER determines that portions of the project requires additional testing or inspection not included in CONTRACTOR’S original bid, the ENGINEER shall, upon written authorization from the OWNER, instruct the CONTRACTOR to make arrangements for additional testing and inspection. The costs for such additional testing and inspection shall be at OWNER’S expense. The CONTRACTOR’S independent testing laboratory shall give timely notice to the CONTRACTOR and the ENGINEER of when and where tests and inspections are to be made so that the CONTRACTOR and the ENGINEER may be present for such procedures. If the ENGINEER is to observe tests and inspections, the ENGINEER will do so promptly and, where practical, at the normal pace of testing. Tests and inspections shall be made promptly to avoid unreasonable delays on the project. Required certificates and/or reports of all test and inspections shall, unless otherwise required by the contract documents, be promptly delivered by the independent testing laboratory to the CONTRACTOR, the ENGINEER, and the OWNER.

Appears in 1 contract

Sources: Construction Contract Agreement

Inspection and Testing of Materials. All materials, equipment, etc., Materials and Equipment used in the construction of the project Project shall be subject to adequate inspection and testing in accordance with accepted standards and frequencythe requirements of the Contract Documents. The laboratory and inspection agency shall be provided as outlined in Section 01400 Quality Requirements. Additional tests performed after rejection of Materials or Equipment shall be charged to the Contractor. Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish conformance with Specifications and suitability for uses intended, but failure to inspect Materials will in no way waive the Owner's right to reject defective Materials or as required to condemn Work in which they are used. Contractor will provide for travel expenses, factory performed testing and set up costs for the factory inspection and testing of all major architectural elements, mechanical, electrical or process equipment. A factory visit for both Architect-Engineers' representative and Owner representative may be required. No funds for stored materials or fabrication items will be released until the factory inspection is completed and a certified Payment Application is submitted. All tests performed by Contractor shall be witnessed by the contract documentsOwner unless the requirement therefor is waived in writing. Contractor shall give the Owner reasonable advance notice of all such tests. The CONTRACTOR shall make all arrangements for such Owner may perform additional tests and inspections with a local independent testing laboratory acceptable to the OWNERon materials tested by Contractor, and Contractor shall furnish samples for this purpose as requested. In the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for testing and inspection reveal failure to comply with accepted standards or with requirements established by event that the contract documents, all re-testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR’S expense. If the ENGINEER and/or OWNER determines that portions of the project requires Owner directs additional testing or inspection of the Work and the testing or inspection reveals that the Work is not included in CONTRACTOR’S original bidaccordance with the Contract Documents, Contractor shall pay for all costs of correction of the ENGINEER shall, upon written authorization from the OWNER, instruct the CONTRACTOR to make arrangements Work and will be charged for additional all costs of testing and inspection. The costs for In the event that any portion of Contractor's Work depends upon the Work of the Owner or any of its separate contractors, the Contractor agrees that the Owner's Work or that of its separate contractor is adequate and installed such additional testing that it is ready and inspection shall be at OWNER’S expense. The CONTRACTOR’S independent testing laboratory shall give timely sufficient in all respects to accept Contractor's Work, unless written notice of any defect or deficiency is provided by the Contractor to the CONTRACTOR and the ENGINEER of when and where tests and inspections are to be made so that the CONTRACTOR and the ENGINEER may be present for such procedures. If the ENGINEER is to observe tests and inspections, the ENGINEER will do so promptly and, where practical, at the normal pace of testing. Tests and inspections shall be made promptly to avoid unreasonable delays on the project. Required certificates and/or reports of all test and inspections shall, unless otherwise required by the contract documents, be promptly delivered by the independent testing laboratory Owner prior to the CONTRACTOR, Contractor beginning performance of the ENGINEER, and the OWNERWork.

Appears in 1 contract

Sources: General Conditions Agreement