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Section 4Testing and Defects

Clause 41.5

Supervisor's Tests Without Unnecessary Delay

Purpose

The Supervisor does tests and inspections without causing unnecessary delay to the work or to a conditional payment. If a payment is conditional on a successful test and the Supervisor has not done the test through no fault of the Contractor, the payment becomes due at the later of the defects date and the end of the last defect correction period.

Practical Application

The Supervisor must schedule and perform tests promptly. Delays caused by the Supervisor do not prevent payment becoming due if the delay is not the Contractor's fault.

Common Pitfalls

The Contractor should document all requests for testing and the Supervisor's responses. If testing is delayed by the Supervisor, the Contractor can rely on this clause to protect its payment entitlement.

Related Clauses

📖 This summary is for reference. For the full, authoritative NEC4 contract text — including all amendments, guidance notes, and flow charts — visit the official NEC website.

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⚠️ This commentary is for reference only. Always refer to the full NEC4 contract text and seek professional legal or contractual advice for your specific project.