Plain English Explanation
Under NEC, tests and inspections are required by the contract (set out in the Scope). If a test or inspection is carried out by the Supervisor (Client's representative for quality) and the delay to the Contractor caused by that test or inspection is greater than what was allowed for in the Accepted Programme, the excess delay is a CE.
The key word is 'unnecessary' — meaning delay beyond what the contract anticipated for that test or inspection. If a test simply takes longer than planned because of the Supervisor's thoroughness, or because they fail to attend on time, the excess time is recoverable as a CE.
This CE is particularly relevant on projects with extensive quality hold points, factory acceptance testing, or complex commissioning sequences.
Key Takeaway
Programme the allowance for each test and inspection explicitly in your Accepted Programme — only the excess beyond that allowance is recoverable, so a clear baseline is essential.
What This Means for Subcontractors
Subcontractors on heavily quality-managed packages (mechanical, electrical, structural steel, cladding) should programme sufficient time for tests and inspections. If the Supervisor causes hold-up beyond the programmed allowance — for example by failing to attend or requiring repeated inspections — keep records and notify a CE for the excess delay.
Common Risks & Disputes
- 1Not having a clear baseline in the Accepted Programme for how long each test or inspection should take
- 2The Supervisor attending late or requiring re-tests without clear justification
- 3Failing to record the duration of each test and inspection against the programmed allowance
- 4The PM arguing the delay was caused by the Contractor's own failure to prepare adequately for the test
- 5Tests delayed by third-party laboratories or equipment failures — these may not be attributable to the Supervisor
Sources
Related Clauses
Client notifies correction of a Defect that existed at Completion
Post-Completion Defect correction — related Supervisor quality oversight
Client notification to search for a Defect not caused by the Contractor
Search instruction — Supervisor-driven disruption to completed works
PM or Supervisor does not reply within the period required
PM/Supervisor late response causing the test delay
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