T017 Contract Practice - Opening Up/testing/work Not In Accordance Rics Apc

Front 1

Where is this dealt with in JCT SBC 05?

Back 1

Clauses 3.17 – 3.19 and Schedule 4

Front 2

If the architect thinks work is not in accordance what can they do?

Back 2

They can issue AIs for the opening up and inspection of covered work, materials or goods or the testing of work, materials, goods to determine if they are in accordance

Front 3

Who bears the costs of this?

Back 3

The cost is added to the contract sum UNLESS the work is NOT in accordance

Front 4

If the works/materials/goods are not in accordance what options does the architect have and what are the consequences of each?

Back 4

The architect has four options:
Instruct the contractor to remove all defective work, materials, goods at own expense/time
Notify in writing that they can remain – an appropriate deduction should be made from the contract sum
Issue instructions for variations that are necessary as a result of the work – if they are necessary no costs or EOT should be given
Instruct the contractor to open up and test further work to determine the extent of any non-compliance. No costs should be given, but if the work is in accordance an EOT can be given

Front 5

What if the workmanship is not in accordance with the contract?

Back 5

After consulting with the contractor the architect can issue an AI as is necessary
How are cost and time dealt with?
No costs and no EOT should be granted

Front 6

What is Schedule 4?

Back 6

Code of Practice which applies where the architect issues instructions for further opening up and testing to determine the extent of non-compliance, where some has already been discovered

Front 7

What is its purpose?

Back 7

To assist in the fair and reasonable operation of the architect’s right to issue instructions for further testing / opening up

Front 8

What does it recommend?

Back 8

That the contractor and architect should endeavour to agree the method and extent of the testing

Front 9

When issuing instructions for further opening up and testing to determine the extent of non-compliance what sort of things should the architect consider?

Back 9

Significance of the non-compliance
Impact of further non-compliance on owners and users
Consequences of further non-compliance on adjoining properties and the public
Reason for the non-compliance
Level of supervision and control by the cont.
Currently recognised testing methods
Time and costs of further opening up
Any proposals of the contractor