Clause 10.3 Interference with Tests on Completion

Nodes in the Flowchart:

1. Contractor Ready for Tests on Completion: This is the starting point where the Contractor is prepared to carry out the Tests on Completion as per the contract requirements.
2. Prevented from Testing for >14 days due to Employer: This decision node represents the scenario where the Contractor is unable to proceed with the Tests on Completion for more than 14 days due to reasons attributable to the Employer.
3. Works Deemed Taken Over by Employer: If the Contractor is prevented from testing for more than 14 days due to the Employer, the Works are deemed to have been taken over by the Employer.
4. Engineer Issues Taking-Over Certificate: Following the deeming of the Works as taken over, the Engineer issues a Taking-Over Certificate to formalize this transition.
5. Contractor Carries Out Tests ASAP: After the Taking-Over Certificate is issued, the Contractor is expected to carry out the Tests on Completion as soon as practicable.
6. Engineer Requires Tests with 14 Days’ Notice: The Engineer will require the Contractor to carry out the Tests on Completion by giving a 14-day notice, in accordance with the relevant provisions of the Contract.
7. Contractor Gives Notice for Delay/Cost: If the Contractor experiences delays or incurs additional costs due to the delay in carrying out the Tests on Completion, they must give notice to the Engineer.
8. Engineer Proceeds to Determine Matters: Upon receiving the Contractor’s notice, the Engineer proceeds to determine the matters, which could include extensions of time for completion and additional costs incurred by the Contractor.

Flow of the Process:

• The process starts with the Contractor being ready for Tests on Completion.
• If the Contractor is prevented from carrying out these tests for more than 14 days due to the Employer, the Works are deemed to have been taken over by the Employer.
• The Engineer then issues a Taking-Over Certificate to formalize this.
• The Contractor is then expected to carry out the Tests on Completion as soon as practicable.
• The Engineer will require these tests to be done by giving a 14-day notice.
• If the Contractor experiences delays or incurs costs, they must notify the Engineer.
• Finally, the Engineer proceeds to determine these matters, potentially leading to adjustments in time and cost.

---

Let’s break down the flowchart for a detailed understanding:

1. Start: Interference with Tests
   • The process begins when the Contractor is prevented from carrying out the Tests on Completion due to a cause attributable to the Employer for more than 14 days.
2. Employer Deemed to Have Taken Over
   • The Employer is deemed to have taken over the Works or Section on the date the Tests on Completion would have been completed.
3. Engineer Issues Taking-Over Certificate
   • The Engineer must issue a Taking-Over Certificate under these circumstances.
4. Contractor to Carry Out Tests ASAP
   • The Contractor is required to carry out the Tests on Completion as soon as practicable, before the expiry of the Defects Notification Period.
5. Contractor Suffers Delay/Cost
   • If the Contractor suffers delay or incurs costs due to the Employer’s interference, they must give notice to the Engineer.
6. Entitled to Extension of Time and/or Cost + Profit
   • The Contractor is entitled to an extension of time and/or payment of costs plus reasonable profit, subject to Sub-Clause 20.1.
7. Engineer Determines Matters
   • The Engineer proceeds in accordance with Sub-Clause 3.5 to agree or determine the extension of time and costs.
8. End: Adjustments Made
   • The process ends with all necessary adjustments made, including the issuance of Taking-Over Certificates and determination of costs and delay damages.
9. Clause 10.4 Surfaces Reinstatement
   • This clause specifies that the Taking-Over Certificate does not cover the completion of ground or other surfaces requiring reinstatement.
10. Not Covered by Taking-Over Certificate
    • Reinstatement of these surfaces is required separately from the Taking-Over Certificate.

The colors in the flowchart represent different stages of the process:

• Pink: The starting point where interference with tests or surfaces reinstatement is identified.
• Yellow: Actions taken by the Employer that lead to deemed taking over.
• Green: Successful issuance of certificates and completion of necessary tests.
• Orange: Actions that lead to additional costs or the need for reinstatement.