4 IF THE WORKS FAIL TO PASS THE TESTS, THE ENGINEER OR EMPLOYER OR THE CONTRACTOR MAY REQUIRE THE FAILED TESTS, AND TESTS ON COMPLETION OF RELATED WORK, TO BE REPEATED

4.9.3 Re-testing: Clauses 9.3 and 9.4

If the works fail to pass the tests, the Engineer or Employer or the Contractor

may require the failed tests, and tests on completion of related work, to be

repeated.

By clause 9.4, if the works fail to pass the repeated tests on completion, the

Engineer or Employer can:

●

order further retesting;

●

issue a Taking-Over Certificate; or

●

reject the works if the failure deprives the Employer of substantially the

whole of the benefit of the works.

In this latter case, the Employer can terminate the contract as a whole, or in

respect of any major part which cannot be put to the intended use, and recover

the amounts paid to the Contractor for the rejected part, together with financ-

ing costs and the cost of dismantling.