Construction Law/Additional test to prove product capability
I would like to request the clarification on a matter which I am currently facing at my project. We have a project with semi government body in KSA, who is forcing us to conduct a test to prove the product capability. It is worth mentioning here that this test is not mentioned explicitly in our conditions of contract. Moreover , our project is lump sum turnkey (EPC) project with client made conditions of contract. This requested test can only be done in USA and Europe and costing around SR 1million. Client's argument is that it is included in your third party test like compaction and concrete tests. At the time of tender, nobody raised an question about that. Please advise me on this matter.
Thanks & Regards
Thank you for this question.
The wording of the particular contract will be of importance; however my initial opinion, on the limited information you have provided here, is that the Employer should instruct the Contractor and treat as a variation. If the Employer rejects again the matter can be declared a dispute and resolved through the contract mechanism (if there is one).
If you can provide more information on the contract, including the clauses related to testing, I will be happy to look at the question again.
I hope that this assists you.
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