Common use of Performance Testing Clause in Contracts

Performance Testing. A. When a performance test is required by either the public authority or the Contract Documents, Contractor shall: (1) Schedule the test, (2) Give adequate notice to Owner of the time and date set for the test, (3) Prepare Samples suitable for testing, and (4) Distribute test results to Owner or Owner's Representative. On request of Owner or Owner's Representative, Samples for testing shall be selected by or in the presence of Owner or Owner's Representative. B. Should any performance test disclose that materials or Work of Contractor are not in compliance with Code Requirements or the Contract Documents, Contractor shall bear the cost of replacing the materials or Work and shall pay for additional testing.