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NEC3 ECC: Does the cost of repeated testing become disallowed?

+2 votes
ECC Option D: Contractor incurred cost related to repeated testing of plant & materials.
Does the cost of repeated testing disallowed?
asked Aug 28, 2015 in NEC3 Payment by acc (510 points)  
recategorized Aug 28, 2015 by Glenn Hide

2 Answers

+2 votes
As a generalisation 'No', although there are two possible headings of Disallowed Cost   which MIGHT come into play :

- has the Contractor not followed a related acceptance of procurement procedure stated in the Works Information, which has resulted in the need for repeating the testing ? If not, then it could be a Disallowed Cost under the 3rd main, 1st sub-bullet of clause 11.2 (25).

- is the Contractor correcting a Defect caused by him not complying with a constraint for how he is to Provide the Works stated in the Works Information ? If not, then it could be a Disallowed Cost under the 5th main bullet of clause 11.2 (25).
answered Aug 30, 2015 by Jon Broome (25,100 points)  
+1 vote
Worth also pointing out here in addition to Jon's comments that clause 40.6 that states that any Employer cost incurred in having to repeat a test or inspection following a defect is recoverable from the Contractor.
answered Sep 4, 2015 by Glenn Hide (33,040 points)