Common use of Referee Testing Clause in Contracts

Referee Testing. 36 Throughout the life of the Project, there may be differences in material test results or statistical 37 sample populations between the IQF and ADOT. It is important to recognize the difference 38 between material quality and statistical validation. 39 Material quality is measured by whether a test passes or fails and is an indication of whether the 40 material will perform its intended purpose. Engineering judgment may be used to substantiate 41 the use of material failing to meet the specification if the material still meets the intended 42 purpose. Statistical validation is a measure of whether the OV and Quality Acceptance 43 populations are statistically equal. It does not represent the quality of material being 44 incorporated into the Project. 1 While expected to occur very rarely, disputes over specific test results may be resolved in a 2 reliable, unbiased manner by Referee Testing and evaluation performed by ADOT’s 3 Construction & Materials Group or an independent third-party testing laboratory as appointed by 4 ADOT’s Construction & Materials Group. The decision by ADOT, or its designee, is final.

Referee Testing. 36 38 Throughout the life of the Project, there may be differences in material test results or statistical 37 39 sample populations between the IQF and ADOT. It is important to recognize the difference 38 40 between material quality and statistical validation. 39 41 Material quality is measured by whether a test passes or fails and is an indication of whether the 40 42 material will perform its intended purpose. Engineering judgment may be used to substantiate 41 43 the use of material failing to meet the specification if the material still meets the intended 42 1 purpose. Statistical validation is a measure of whether the OV and Quality Acceptance 43 2 populations are statistically equal. It does not represent the quality of material being 44 3 incorporated into the Project. 1 4 While expected to occur very rarely, disputes over specific test results may be resolved in a 2 5 reliable, unbiased manner by Referee Testing and evaluation performed by ADOT’s 3 6 Construction & Materials Group or an independent third-party testing laboratory as appointed by 4 7 ADOT’s Construction & Materials Group. The decision by ADOT, or its designee, is final.