FIDIC reference
Clause 9 — Tests on Completion
The gate to taking over: test procedure, retesting and the consequences of failure.
Applies in: Red BookYellow BookSilver Book
The works cannot be taken over (Clause 10) without passing the Tests on Completion. The Contractor gives notice of readiness and the tests run within agreed periods; delayed tests trigger 9.2 and related rights. Failed tests are repeated (9.3), and on repeated failure the Employer may reject the works, accept them with a price reduction, or require remedying (9.4). In Yellow and Silver the stakes are higher: the tests confirm guaranteed performance figures, often backed by performance damages.
Key points
- No Taking-Over (Clause 10) without passing the tests.
- Delayed tests carry their own consequences (9.2).
- Retesting under 9.3; failure → rejection or price reduction (9.4).
- In Yellow/Silver they confirm guaranteed performance.
How this works in practice
Tests on Completion are where time, taking over and money converge. The usual cause of conflict is not the results but unreadiness of the test infrastructure: no feedstock, power, Employer’s personnel or permits. Where the delay to testing is the Employer’s, it grounds an EOT and cost — but only on timely notice. The second recurring problem is acceptance criteria written ambiguously in the Employer’s Requirements, leaving the parties arguing about measurement methodology rather than performance. Agree the methodology in writing before testing starts, not after the first failed run.
Common traps
- Test conditions — feedstock, power, Employer’s personnel — are not set out in the contract, so responsibility for delay cannot be established.
- The measurement methodology is not agreed up front: there is a result, but its interpretation is contested.
- Retesting at the Contractor’s cost with no cap on the number of attempts makes the exposure open-ended.
Versions: 1999 → 2017 → 2022
- 1999
Clause 9 with equivalent testing mechanics.
- 2017
Notice timing and the link to the programme were clarified.
- 2022
No substantive change in the 2022 reprint.
Clause FAQ
Which FIDIC books use Sub-Clause 9?
The clause applies in Red Book, Yellow Book, Silver Book. Particular Conditions may change the standard risk allocation, so always check the project contract.
What if the works fail the Tests on Completion?
The contract normally allows retesting once the causes are addressed. If the works still fail after repeats, the Employer has options: require further remedial work, accept the works with an agreed reduction in the Contract Price, or, where the failure is substantial, reject the relevant part of the works. The exact menu of consequences and their thresholds sit in the Employer’s Requirements and Contract Data.
How do Tests on Completion differ from Tests after Completion?
Tests on Completion run before taking over and determine whether the Taking-Over Certificate can issue. Tests after Completion are operational tests conducted after handover, checking performance in real operation, and in the Yellow and Silver Books they sit in Clause 12. The distinction matters practically: the latter take place while the Employer operates the asset, which makes responsibility for operating regime the central issue.
Related clauses
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Reference material, not legal advice. Always check your contract and the Particular Conditions.