ABSTRACT
The Engineer shall give a Notice to the Contractor, of not less than 21 days, of the date on which and place at which the Tests after Completion will be carried out. This Notice shall also include a test programme showing the estimated timing for each of such tests. If the Contractor incurs Cost as a result of any unreasonable delay by the Employer in carrying out the Tests after Completion, the Contractor shall be entitled subject to Sub-Clause 20.2 to payment of such Cost Plus Profit. There is no linkage between the failure of the Works, Section or Part to pass any of the Tests after Completion and the implementation of the Non-performance Damages. If the Contractor does not respond within seven days of the Notice then the Contractor shall be deemed to have issued a Notice of No-objection in response to the Employer’s Notice.
