39 Questions
What is the minimum notice period required for the Contractor to inform the Engineer of the date they will be ready to carry out each of the Tests on Completion?
21 days
When should the Contractor commence the Tests on Completion?
Within 14 days after the date specified in the notice to the Engineer
What happens if the Engineer does not give any Notice within 14 days after receiving the test programme?
The Engineer is deemed to have given a Notice of No-objection
How many days before the intended commencement of the Tests on Completion should the Contractor submit the detailed test programme to the Engineer?
42 days
What action should the Contractor take if the proposed test programme does not comply with the Contract?
Revise the test programme within 14 days
When can the Contractor commence the Tests on Completion?
After receiving a Notice of No-objection from the Engineer
What is the Engineer's responsibility if the proposed test programme does not comply with the Contract?
May give a Notice to the Contractor stating the extent of non-compliance
When can the Contractor apply for a Taking-Over Certificate?
Not more than 14 days before the Works are complete
Under what circumstances shall the remaining Works or Section not be taken over?
Until specific conditions are fulfilled
What happens if the Engineer does not issue the Taking-Over Certificate or reject the Contractor’s application within 28 days?
The Works or Section shall be deemed to have been completed
Who has the sole discretion to issue a Taking-Over Certificate for any part of the Permanent Works?
The Engineer
What must happen before the Employer uses any part of the Works?
The Engineer has issued a Taking-Over Certificate for that part
What is the entitlement of the Contractor if incurring costs due to the Employer taking over or using a Part?
Payment of such costs plus profit
What happens to the Delay Damages for completion of the remainder of the Works if the Engineer issues a Taking-Over Certificate for any part of the Works?
The Delay Damages shall be reduced
What happens if the Engineer fails to issue Notice within 14 days of reviewing the test report?
It is deemed as Notice of No-objection
How are delayed tests governed?
By specific clauses, responsibilities, and consequences
What happens if the Works fail Tests on Completion?
The Engineer is entitled to take various actions
How are retesting and failure to pass Tests on Completion handled?
They have defined procedures and consequences
What are the Engineer's entitlements upon Taking Over the Works and Sections?
Various actions to rectify any issues
What are the conditions for issuance of Taking-Over Certificate outlined in the text?
Specific conditions
Who is entitled to additional costs incurred due to testing?
The Employer
Who is responsible for listing any outstanding work to be completed and defects to be remedied in the Taking-Over Certificate?
The Engineer
Under what circumstances shall the Contractor be entitled to EOT and/or payment of Cost Plus Profit?
If the Tests on Completion are delayed
Who is responsible for executing all work required to remedy defects or damage during the Defects Notification Period?
The Contractor
Under what conditions shall the work executed to remedy defects or damage be at the risk and cost of the Contractor?
If the defects are due to improper operation or maintenance
Who has the authority to issue a Taking-Over Certificate for any Part of the Works?
The Engineer
What happens if the Works fail to pass the Tests after Completion?
The Contractor must bear the cost of retesting and remedial work
What must the Contractor do if a defect appears or damage occurs during the Defects Notification Period?
Prepare and submit a proposal for necessary remedial work
Under what circumstances is the Contractor entitled to EOT and/or payment of Cost Plus Profit?
If the Works fail to pass the Tests after Completion
Who is responsible for jointly inspecting any defect or damage during the Defects Notification Period?
The Contractor and the Engineer
When does the Contractor cease to be liable for the care of a Part?
On the issuance of a Taking-Over Certificate for that Part
In case of delay or incurring costs due to prevention of carrying out Tests on Completion, what is the Contractor entitled to, according to the text?
Extension of Time (EOT) and/or payment of Cost Plus Profit
When should the Contractor complete any work outstanding on the Date of Completion?
Within the time(s) stated in the Taking-Over Certificate
Under what conditions is the Contractor responsible for executing work to remedy defects or damage?
Plant, Materials or workmanship not being in accordance with the Contract
What action should the Contractor take if a defect appears or damage occurs during the Defects Notification Period?
Jointly inspect the defect or damage with the Employer's Personnel
What is the purpose of the Taking-Over Certificate according to the text?
To transfer responsibility from the Contractor to the Employer
When should the Contractor execute all work required to remedy defects or damage?
Before the expiry date of the Defects Notification Period
What happens if the Contractor fails to complete any work outstanding on the Date of Completion within the time(s) stated in the Taking-Over Certificate?
The Contractor remains liable for the care of the Part
Under what circumstances is the Contractor entitled to Cost Plus Profit, as mentioned in the text?
When prevented from carrying out the Tests on Completion
Study Notes
Construction Contract Tests on Completion and Taking Over
- Contractor submits certified report of test results to Engineer upon completion of Works or Section
- Engineer reviews report and issues Notice if results do not comply with Contract
- Engineer's failure to issue Notice within 14 days is deemed as Notice of No-objection
- Engineer makes allowances for effect of Employer's use of Works on test results
- Delayed Tests governed by specific clauses, responsibilities, and consequences
- Retesting and failure to pass Tests on Completion have defined procedures and consequences
- Repeated tests treated as original Tests on Completion
- Engineer entitled to take various actions if Works fail Tests on Completion
- Contractor's obligations and Employer's entitlements upon Taking Over the Works and Sections
- Conditions and criteria for Engineer's Notice of No-objection outlined
- Employer entitled to additional costs incurred due to testing
- Specific conditions for issuance of Taking-Over Certificate outlined
Test your knowledge of construction contract terms related to completion tests, engineer's review, retesting procedures, and the process of taking over works and sections. This quiz covers conditions, criteria, and actions outlined in the contract for completion tests and taking-over certificates.
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