1. بسم الله الرحمن الرحيم Tests on Completion Dr. Kamaleen Sha’ath
Islamic University of Gaza
Faculty of Engineering
Construction Management Department
Chapter 9 of
FIDIC
Tests on Completion
Prepared by:
Said M. Rehan
Supervisor:
Dr. Kamaleen Sha’ath
April 2006

2. FIDIC Tests on completion
9.1 Contractor's Obligation
The contractor shall carry out the Tests on Completion in accordance with this clause and sub-clause 7.4 [Testing], after providing the documents in accordance with sub-paragraph (d) of sub-clause 4.1
The contractor shall give to the Engineer not less than 21 days notice of the date after which the contractor will be ready to carry out each of the tests on Completion.

3. FIDIC Tests on completion
9.1 Contractor's Obligation
Unless otherwise agreed, Tests on Completion shall be carried out within 14days after this date, on such day or days as the Engineer shall instruct.
In considering the result of the Tests on Completion, the Engineer shall make allovances for the effect of any use of the works by the Employer on the performance or other characteristics of the works.

4. FIDIC Tests on completion
9.1 Contractor's Obligation
As soon as the work, or section, have passed any Tests on Completion, the contractor shall submit certified report of the results of these Tests to the Engineer.

5. FIDIC Tests on completion
9.2 Delayed Tests
If the Tests on Completion are being unduly delayed by the Employer, Sub clause 7.4 [Testing] (fifth paragraph) and / or Sub-Clause 10.3 [Interference with Test on Completion] shall he applicable.
If the Tests on Completion are being unduly delayed by the Contractor, the Engineer may be notice require the contractor to carry out the Tests within 21 days after receiving the notice.

6. FIDIC Tests on completion
9.2 Delayed Tests
The Contractor shall carry out the tests on such day or days within the period as the Contractor may fix and of which he shall give notice to the Engineer.
If the Contractor fail to carry out the Tests on Completion within the period of 21 days, the Employer's personnel may proceed with the Tests at the risk and cost of contractor.
The Tests on Completion then be deemed to have been carried out in the presence of the Contractor and the result of the Tests shall be accepted as accurate.

7. FIDIC Tests on completion
9.3 Retesting
If the works or section, fail to pass the Tests on Completion, Sub-clause 7.5[Rejection] shall apply,
and
the Engineer or the Contractor may be require the failed Tests, and Test on Completion on any related work, to be repeated under the same term and conditions.

8. FIDIC Tests on completion
9.4 Failure to pass Test on Completion
If the works or a section, fail to pass the Tests on Completion repeated under sub-completion clause 9.3 [Retesting], the Engineer shall be entitled to:
Order further repetition of Tests on Completion under sub clause 9.3

9. FIDIC Tests on completion
9.4 Failure to pass Test on Completion
If the failure deprives the Employer of substantially the whole benefit of the works or section, reject the works or section (as the case may be) in which event the Employer shall have the same remedies as are provided in subparagraph (c) of sub-clause 11.4 [Failure to Remedy Defects]; or
Issue a Taking-Over Certificate, if the employer so requests.

10. FIDIC Tests on completion Continue….
9.4 Failure to pass Test on Completion
In the event of sub-paragraph (c), the contractor shall proceed in accordance with all other obligations under the contract, and the contract price shall reduced by such amount as shall be appropriate to cover the reduced value to the Employer as a result of this failure.
Unless the relevant reduction for this failure is stated (or its method of calculation is defined) in the contract, the Employer may require the reduction to be:

11. FIDIC Tests on completion
9.4 Failure to pass Test on Completion
Agreed by both parties (in full satisfaction of this failure only) and paid before this Taking-Over Certificate is issued, or
Determined and paid under sub-clause 2.5 [Employer's Claims] and sub-clause 3.5[Determinations].

12. FIDIC
Tests on completion
Thank you very much