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26. (1)    Quality of materials and workmanship
      (2)    Quality of Plant

      (3)    Information in respect of Plant
      (4)    Samples
      (5)    Test specimens
      (6)    Tests
      (7)    Cost of test specimens and tests
      (8)    Exchange of reports on tests
27.          Access to the Works
28. (1)    Examination of work before covering up
      (2)    Notice to be given
      (3)    Uncovering and making openings

29. (1)    Removal of improper work and materials
      (2)    Default of Contractor in compliance

30.         Contractor to search

31.         Urgent remedial work

32. (1)    Vesting of materials
      (2)    Definition of "materials"
      (3)    Identification of materials
      (4)    Prohibition on removal of materials
      (5)    No approval by vesting
33.         Prohibition on removal of Constructional Plant

26.(1) Quality of materials and workmanship

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      All materials and workmanship shall be of the respective kinds described in the Contract and in accordance
      with the Engineers instructions or, failing such description or instruction, of the respective kinds suitable for
      the purpose intended and shall, from time to time, be subject to such tests by such persons as the
      Engineer may direct.

   (2) Quality of Plant

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      All Constructional Plant shall be in good working order and of the type described in the Contract or,
      failing such description, of a type suitable for the purpose for which it is intended.

   (3) Information in respect of Plant

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      The Contractor shall, if reasonably required by the Engineer, deliver to the Engineer information, in such
      form and at such intervals as the Engineer may prescribe, in respect of Constructional Plant.

   (4) Samples

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      The Contractor shall, when instructed by the Engineer, provide at his own expense samples of
      materials intended to be incorporated into the Works.

   (5) Test specimens

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      The Contractor shall, on the instructions of the Engineer, take and deliver to the Engineer test specimens
      from portions of the Works already constructed, and make good any resultant damage to the Works.

   (6) Tests

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      The Contractor shall, in accordance with the Contract or if instructed by the Engineer, carry out tests
      on samples of materials intended to be incorporated into the Works and on any test specimens from portions
      of the Works and shall carry out any other tests specified in the Contract.

      The Contractor shall provide all necessary assistance, labour, materials, testing equipment and instruments
      for the purpose of such tests to be performed by himself or, if so instructed by the Engineer, for the
      purposes of tests to be performed by others.

    (7) Cost of test specimens and tests

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      The following provisions shall apply in respect of the costs of the Contractors services in terms of
      Sub-Clauses (5) and (6): 

(a) the Contractor shall be deemed to have allowed in his Tender for all such services as are required to
      be rendered by him, provided that the tests shall have been particularised in the Tender Documents
      in sufficient detail for him to allow for them, and

(b) the Contractor shall be paid the Cost of any services not covered by paragraph (a);

      Provided that, if any test shall establish that the workmanship or the materials used do not comply with
      the Contract, the Contractor shall not be paid any amount in respect of the services concerned whether or
      not payment would otherwise have been due in terms of paragraphs (a) or (b).

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   (8) Exchange of reports on tests

      The Engineer and the Contractor shall deliver to each other, within a reasonable time, accurate and
      complete copies of a11 reports on tests carried out by or on behalf of either of them, save to the extent
      that any such reports are prepared specifically for the purpose of proceedings in terms of Clause 61.

27. Access to the Works

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      The Employer, the Engineer and any person authorised by either of them shall at all times have access to
      the Works and to the Site and to all workshops and places where work is being prepared or where materials,
      manufactured articles and machinery are being obtained for the Works, and the Contractor shall afford
      any necessary facility for and assistance in obtaining the right to such access.

28.(1) Examination of work before covering up

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      No part of the Works or excavations shall be covered up or put out of view without the consent of
      the Engineer, and the Contractor shall afford full opportunity for the Engineer to examine and measure
      the Works and to inspect the excavations before any Permanent Works are placed thereon.

      (2) Notice to be given

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      The Contractor shall give adequate notice to the Engineer whenever any part of the Works or excavations
      are ready or about to be ready for examination and the Engineer shall, unless he considers it unnecessary
      and advises the Contractor accordingly (in which event he shall be deemed to have given the consent required
      in terms of this Clause), attend without delay for the purpose of examining such work or excavations;

      Provided that, if there is any delay in the Engineers said attendance, the Contractor shall, in respect of
      that delay or any additional Cost, be entitled to make a claim in accordance with Clause 51.

   (3) Uncovering and making openings

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      The Contractor shall uncover any part or parts of the Works or make openings in or through the same
      as the Engineer may from time to time order and reinstate and make good such part or parts in accordance
      with the terms of the Contract. If any such part or parts have been covered up or put out of view
      after compliance with the requirements of Sub-Clauses (1) and (2) and are found to have been executed
      in accordance with the Contract, the Contractor shall in respect of any delay or additional Cost, be entitled
      to make a claim in accordance with Clause 51, but in any other case the cost shall be borne by the
      Contractor and no extension of time shall be given.

29.(1) Removal of improper work and materials

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      The Engineer shall, during the progress of the Works, have the power to order in writing from time to time

(a) the removal from the Site, within such time or times as may be specified in the order, of any
      materials which are not in accordance with the Contract and the substitution of proper and
      suitable materials therefore, and

(b) the removal and proper re-execution (notwithstanding any previous test thereof or interim payment
      therefore) of any work which, in respect of materials or workmanship, is not in accordance with
      the Contract.

(2) Default of Contractor in compliance

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      In case of failure on the part of the Contractor to carry out such order within a reasonable time,
      the Employer shall be entitled to employ and pay other persons to carry out the same and all costs consequent
      thereon or incidental thereto, in excess of what would have been paid to the Contractor, shall be borne by
      the Contractor and shall be recoverable from him by the Employer.

30. Contractor to search

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      The Contractor shall, if ordered by the Engineer in writing, search for the cause of any defect.
      If such defect shall be one for which the Contractor is not liable under the Contract, the Cost of the
      work carried out by the Contractor in searching shall be paid to him, but if such defect shall be one for which
      the Contractor is liable, the cost of such work shall be borne by the Contractor.

31. Urgent remedial work

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      If, by reason of any accident or failure or other event occurring to, on or in connection with the Works or
      any part thereof, either during the execution of the Works or during the Defects Liability Period (if any),
      any remedial or other repair work shall be urgently necessary for the safety and protection of the Works
      or persons or property and the Contractor is not available or is unable to do such work, the Employer may
      by his own or other workmen have such work or repair done as may be necessary.

      The Engineer shall, as soon after the occurrence of any such emergency as may be reasonably practicable,
      notify the Contractor thereof in writing.

      If the work so done by the Employer is work which the Contractor was liable to do at his own expense under
      the Contract, all costs incurred by the Employer in so doing shall be determined by the Engineer and
      shall on demand be paid by the Contractor to the Employer.

32.(1) Vesting of materials

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      All materials 

(a) brought on to the Site by or on behalf of the Contractor, or

(b) fabricated or stored at places other than the Site and agreed, in writing, by the Employer and
      the Contractor to be governed by this Clause, 

      shall, immediately on delivery to the Site or, in the case of materials not on the Site, immediately on
      the conclusion of the said written agreement, be deemed to have become the Employers property and to
      have been delivered to the Contractor to be held by him on behalf of the Employer.

   (2) Definition of "materials"

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      The expression "materials" used in this Clause shall include all construction materials, commodities, substances,
      plant, equipment and appliances all of which are to be incorporated in the Works.

   (3) Identification of materials

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      The Contractor shall hold, or cause to be held on behalf of the Employer as owner, and be responsible for
      the care of all the materials referred to in Sub-Clause (1) and shall, in the case of materials referred to in
      Sub-Clause (1)(b), cause such steps as the Engineer shall order to be taken to identify the materials as being
      the property of the Employer.

   (4) Prohibition on removal of materials

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      The Contractor shall not remove from the Site any such materials which are on the Site or which are
      brought there from such place of fabrication or storage and shall use all such materials exclusively
      for incorporation in the Permanent Works.

   (5) No approval by vesting

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      The operation of this Clause shall not be deemed to imply any approval by the Engineer of materials nor shall
      it prevent the rejection of any such materials at any time by the Engineer.

33. Prohibition on removal of Constructional Plant

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      All Constructional Plant provided by the Contractor shall, when brought on to the Site, be deemed
      to be exclusively intended for the execution of the Works and the Contractor shall not remove the same
      from the Site without the consent in writing of the Engineer, which consent shall not be unreasonably withheld.
      The Contractor shall, in writing, notify the Engineer of the name and address of the owner of
      any such Constructional Plant not owned by the Contractor.

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