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

NEC3 and NEC4 Contracts Payment
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ECC Option D: Contractor incurred cost related to repeated testing of plant & materials.
Does the cost of repeated testing disallowed?

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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).

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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.