Inspections and tests during manufacture and construction
(Правовое руководство по составлению строительных контрактов)
The parties may wish to specify in the contract the requirements and procedures for inspections and tests during manufacture and construction. The purpose of inspecting and testing during manufacture and construction may be to satisfy the purchaser that manufacture and construction are proceeding in accordance with the agreed time-schedule and in accordance with the contract (paragraph 1).
In drafting contractual provisions on inspecting and testing during manufacture and construction, it is advisable to take into account municipal legal regulations prescribing inspections and tests in the countries where the works is to be constructed and where equipment or materials are to be manufactured (paragraph 3). Inspections and tests may be conducted by an independent institution (paragraphs 2, 6 and 19).
It is advisable to describe the character of the inspections and tests to be conducted during manufacture (paragraph 8). The contract may provide for the purchaser to have access to places where inspections and tests are to be conducted, and specify the facilities to be given to the purchaser for the purposes of inspecting and testing (paragraphs 10 and 11). While the time for conducting the tests may be fixed by the contractor, the purchaser should be notified in advance of that time (paragraphs 12 to 14).
Additional or modified tests not specified in the contract may be required by legal rules issued in the purchaser's country, or may be desired by the purchaser even if not so required. The contract should determine the allocation of the costs of conducting those tests (paragraph 15).
The contract should determine the consequences if tests conducted during manufacture and construction are unsuccessful (paragraph 16) and provide for the issue of test reports and certificates (paragraphs 17 to 19).
If certain payments are to made upon shipment of equipment and materials (chapter VII, "Price and payment conditions", paragraph 70), the contract might provide for inspection by the purchaser upon shipment. Inspection upon shipment may be also advisable if the risk of loss of or damage to equipment and materials (chapter XIV, "Passing of risk") is to pass to the purchaser upon shipment (paragraphs 21 and 22). The contract may require inspection of equipment and materials on their arrival on the site if they are to be taken over by the purchaser at that time (paragraph 23).
The contract might entitle the purchaser to inspect how the construction on the site proceeds, or might require specified tests to be conducted during the construction by the contractor. Issues arising in connection with inspections and tests during construction might be settled in a manner analogous to the manner in which issues arising in connection with inspections and tests during manufacture are settled (paragraphs 24 and 25). Inspection by the purchaser may be facilitated if records are maintained by the contractor of the construction as it proceeds (paragraph 26).