We had a bought out part that failed during a test. The failed part was removed and replaced and now the Contractor has to do some pre test works to get ready for the repeated test. We are the Subcontractor. The actual test isn’t that long but the pre works are considerably longer. The Contractor works are not specified in our Works Information as we have no involvement in this, can the cost for the pre test works be passed on or just the cost of the repeated test?
The right for the Contractor to recover the cost of repeating a test or inspection is at sub-clause 40.6, if you refer to sub-clause 40.1 it states that this clause (being clause 40) only applies to tests and inspections required by the Works Information or the applicable law. So if the test or inspection is not stated in the Works Information or required by law the Contractor cannot recover any costs for repeating the test or inspection. If however it is required then the Contractor would be able to recover the cost for the pre-test works as well as the cost of the repeated test as the pre-test works would not be required if the test did not need to be repeated.