Can payments be withheld if they are conditional on a Supervisor’s test which has not been carried out by the defects date?

NEC3 and NEC4 Contracts Testing and Defects
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Can payments be withheld if they are conditional on the completion of a Supervisor’s test and the test has not been carried out by the defects date?

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No. Providing the Contractor is not culpable for the Supervisor not completing his tests, payment cannot be withheld. The Supervisor is also obligated by Clause 40.5 to carry out his tests and inspections without causing unnedcessary delay to the work or to a payment.