1U.6. Cold commissioning, not commissioning, training and Taking-Over Commissioning and training are pecs to mechanical plant, and are usually inevtricably linked, Where the Contractor has 4 contractual obligation to provide plant as part of the Works, ic almost invariably has a contractual obligation to at least ity cnt BOL MORIGORURI ea anc, 0M SEASON dae ace foe an individual iter of plant, before the entite facility is started up ot goes “online”. By contrast, hot is commissioning plant after the entire facility is started up in a functional or production mode. Taking-Over is the paint at which the Employer takes responsibility forthe funcrioning and operation of the plant. The party with contractual responsibilicy fro coming yends on the point at which Taking-Over takes place. F this is immediately after the Employer has the responsibility for hot ia of the items of plant so that they funetion properly in accoséance with che specification. ‘There are clearly risks for the Contractor if the Employer (rather than che Contract carties out hot commissioning, In che evene that the entire facility fails to a the specified functional output, it may be difficult for the Contractor to ascertain whether the output shortfall was the result of a defect, or operator unfamiliarity of ) incompecence with the operational reeuirements of the svecific olant. The time and expense of subsequently determining the reason for and resolution of any failure co achieve the contractually specified output could be considerable. Ie is therefore normall in the Contractor's interest to have contractual responsibility for Sane. including carrying out any required Performance ‘lests. If this cannot be achieved, the Contractor would be wise to cnsure that it at least has the contractual right to audit the hot commissioning, and to attend the Performance Tests. ‘The Contract may require the Contractor to provide training in the use of the plant for the Employer's personnel prior to Taking-Over. Any such requirements should be carefully specified, so that both parties dearly understand the number of personnel co be rained, the extent to which and when terining is required, and the requived outcome of that training. Ifthe tainingisrequired to achieve a specified level of competence, then, ic and the qualities and abilities of the Employer’ personnel should be clearly defined, in the Contract. The opportunities for on-the-job training during. aeaiebate Sg =f depend ra a significant extent on whether the Contractor has responsibility for hor ‘or not, Whilst there may be opportunities for some on-the-job taining. willlduring cold commissioning, this would usually need to So by formal training if che Contractor does not have responsibility for The specified requirements for the requited training should also cover whether the Contractor is requited to pay trainees or provide transport or accommodation during the taining, and whether the training can be carried our at the Works. Any delay caused by the Employer providing its personnel for training after the scheduled dace wouild normally entitle the Contractor to an EOT and delay costs if it extended the date for Taking-Over.