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| 06 January 2009 | ||
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26 (1) Quality of materials and workmanship
(2) Quality of Plant
(3) Information in respect of Plant
(4) Samples
(5) Test specimens
(6) Tests
(7) Cost of test specimens and tests
(8) Exchange of reports on tests
27 Access to the Works
28 (1) Examination of work before covering up
(2) Notice to be given
(3) Uncovering and making openings
29 (1) Removal of improper work and materials
(2) Default of Contractor in compliance
30 Contractor to search
31 Urgent remedial work
32 (1) Vesting of materials
(2) Definition of "materials"
(3) Identification of materials
(4) Prohibition on removal of materials
(5) No approval by vesting
33 Prohibition on removal of Constructional Plant
26.(1) Quality of materials and workmanship
All materials and workmanship shall be of the respective kinds described in the Contract and in accordance with the Engineers instructions or, failing such description or instruction, of the respective kinds suitable for the purpose intended and shall, from time to time, be subject to such tests by such persons as the Engineer may direct.
(2) Quality of Plant
All Constructional Plant shall be in good working order and of the type described in the Contract or, failing such description, of a type suitable for the purpose for which it is intended.
(3) Information in respect of Plant
The Contractor shall, if reasonably required by the Engineer, deliver to the Engineer information, in such form and at such intervals as the Engineer may prescribe, in respect of Constructional Plant.
(4) Samples
The Contractor shall, when instructed by the Engineer, provide at his own expense samples of materials intended to be incorporated into the Works.
(5) Test specimens
The Contractor shall, on the instructions of the Engineer, take and deliver to the Engineer test specimens from portions of the Works already constructed, and make good any resultant damage to the Works.
(6) Tests
The Contractor shall, in accordance with the Contract or if instructed by the Engineer, carry out tests on samples of materials intended to be incorporated into the Works and
on any test specimens from portions of the Works and shall carry out any other tests specified in
the Contract.
The Contractor shall provide all necessary assistance, labour, materials, testing
equipment and instruments for the purpose of such tests to be performed by himself or, if so
instructed by the Engineer, for the purposes of tests to be performed by others.
(7) Cost of test specimens and tests
The following provisions shall apply in respect of the costs of the Contractors services in terms of Sub-Clauses (5) and (6):
(a) the Contractor shall be deemed to have allowed in his Tender for all such services as are required to be rendered by him, provided that the tests shall have been particularised in the Tender Documents in sufficient detail for him to allow for them, and
(b) the Contractor shall be paid the Cost of any services not covered by paragraph (a);
Provided that, if any test shall establish that the workmanship or the materials used do not comply with the Contract, the Contractor shall not be paid any amount in respect of the services concerned whether or not payment would otherwise have been due in terms of paragraphs (a) or (b).
(8) Exchange of reports on tests
The Engineer and the Contractor shall deliver to each other, within a reasonable time, accurate and complete copies of a11 reports on tests carried out by or on behalf of either of them, save to the extent that any such reports are prepared specifically for the purpose of proceedings in terms of Clause 61.
The Employer, the Engineer and any person authorised by either of them shall at all times have access to the Works and to the Site and to all workshops and places where work is being prepared or where materials, manufactured articles and machinery are being obtained for the Works, and the Contractor shall afford any necessary facility for and assistance in obtaining the right to such access.
28.(1) Examination of work before covering up
No part of the Works or excavations shall be covered up or put out of view without the consent of the Engineer, and the Contractor shall afford full opportunity for the Engineer to examine and measure the Works and to inspect the excavations before any Permanent Works are placed thereon.
The Contractor shall give adequate notice to the Engineer whenever any part of the
Works or excavations are ready or about to be ready for examination and the Engineer shall, unless
he considers it unnecessary and advises the Contractor accordingly (in which event he shall be
deemed to have given the consent required in terms of this Clause), attend without delay for the
purpose of examining such work or excavations;
Provided that, if there is any delay in the Engineers said attendance, the Contractor shall, in respect
of that delay or any additional Cost, be entitled to make a claim in accordance with Clause 51.
(3) Uncovering and making openings
The Contractor shall uncover any part or parts of the Works or make openings in or through the same as the Engineer may from time to time order and reinstate and make good such part or parts in accordance with the terms of the Contract. If any such part or parts have been covered up or put out of view after compliance with the requirements of Sub-Clauses (1) and (2) and are found to have been executed in accordance with the Contract, the Contractor shall in respect of any delay or additional Cost, be entitled to make a claim in accordance with Clause 51, but in any other case the cost shall be borne by the Contractor and no extension of time shall be given.
29.(1) Removal of improper work and materials
The Engineer shall, during the progress of the Works, have the power to order in writing from time to time
(a) the removal from the Site, within such time or times as may be specified in the order, of any materials which are not in accordance with the Contract and the substitution of proper and suitable materials therefore, and
(b) the removal and proper re-execution (notwithstanding any previous test thereof or interim payment therefore) of any work which, in respect of materials or workmanship, is not in accordance with the Contract.
(2) Default of Contractor in compliance
In case of failure on the part of the Contractor to carry out such order within a reasonable time, the Employer shall be entitled to employ and pay other persons to carry out the same and all costs consequent thereon or incidental thereto, in excess of what would have been paid to the Contractor, shall be borne by the Contractor and shall be recoverable from him by the Employer.
The Contractor shall, if ordered by the Engineer in writing, search for the cause of any defect. If such defect shall be one for which the Contractor is not liable under the Contract, the Cost of the work carried out by the Contractor in searching shall be paid to him, but if such defect shall be one for which the Contractor is liable, the cost of such work shall be borne by the Contractor.
If, by reason of any accident or failure or other event occurring to, on or in connection
with the Works or any part thereof, either during the execution of the Works or during the Defects
Liability Period (if any), any remedial or other repair work shall be urgently necessary for the safety
and protection of the Works or persons or property and the Contractor is not available or is unable
to do such work, the Employer may by his own or other workmen have such work or repair done
as may be necessary.
The Engineer shall, as soon after the occurrence of any such emergency as may be
reasonably practicable, notify the Contractor thereof in writing.
If the work so done by the Employer is work which the Contractor was liable to do at his
own expense under the Contract, all costs incurred by the Employer in so doing shall be determined by the
Engineer and shall on demand be paid by the Contractor to the Employer.
32.(1) Vesting of materials
All materials
(a) brought on to the Site by or on behalf of the Contractor, or
(b) fabricated or stored at places other than the Site and agreed, in writing, by the Employer and the Contractor to be governed by this Clause,
shall, immediately on delivery to the Site or, in the case of materials not on the Site, immediately on the conclusion of the said written agreement, be deemed to have become the Employers property and to have been delivered to the Contractor to be held by him on behalf of the Employer.
The expression "materials" used in this Clause shall include all construction materials, commodities, substances, plant, equipment and appliances all of which are to be incorporated in the Works.
(3) Identification of materials
The Contractor shall hold, or cause to be held on behalf of the Employer as owner, and be responsible for the care of all the materials referred to in Sub-Clause (1) and shall, in the case of materials referred to in Sub-Clause (1)(b), cause such steps as the Engineer shall order to be taken to identify the materials as being the property of the Employer.
(4) Prohibition on removal of materials
The Contractor shall not remove from the Site any such materials which are on the Site or which are brought there from such place of fabrication or storage and shall use all such materials exclusively for incorporation in the Permanent Works.
The operation of this Clause shall not be deemed to imply any approval by the Engineer of materials nor shall it prevent the rejection of any such materials at any time by the Engineer.
33. Prohibition on removal of Constructional Plant
All Constructional Plant provided by the Contractor shall, when brought on to the Site, be deemed to be exclusively intended for the execution of the Works and the Contractor shall not remove the same from the Site without the consent in writing of the Engineer, which consent shall not be unreasonably withheld. The Contractor shall, in writing, notify the Engineer of the name and address of the owner of any such Constructional Plant not owned by the Contractor.
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