S 2017 - 5
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Questions and Answers

What remedy does the Employer have if the Works are rejected due to the failure to remedy defects?

  • The Employer has no remedy in this situation
  • The Employer can request a Taking-Over Certificate
  • The Employer can have the same remedy as provided in sub-paragraph (c) of Sub-Clause 11.4 (correct)
  • The Employer can request a reduction in payment by the Contractor
  • What is the consequence for the Contractor if the Employer issues a Taking-Over Certificate?

  • The Contractor is relieved from any further obligations under the Contract
  • The Contractor can reject the Taking-Over Certificate
  • The Contractor is entitled to claim additional payment from the Employer
  • The Contractor shall proceed in accordance with all other obligations under the Contract (correct)
  • What rights does the Employer have if there is a reduction in payment or a rejection of the Works?

  • The Employer can only claim rights stated in Sub-Clause 9
  • The Employer loses all rights to claim damages from the Contractor
  • The Employer can terminate the Contract immediately
  • The Employer's entitlement shall be without prejudice to any other rights the Employer may have, under the Contract or otherwise (correct)
  • Under what circumstance can the Employer reject the Section?

    <p>If the effect of the failure is that the Section cannot be used for its intended purpose(s) under the Contract</p> Signup and view all the answers

    What is the consequence for the Contractor if the Employer gives no Notice within 14 days after receiving the test programme?

    <p>The Employer is deemed to have given a Notice of No-objection</p> Signup and view all the answers

    What is the required notice period for the date after which the Contractor will be ready to carry out each of the Tests after Completion?

    <p>21 days</p> Signup and view all the answers

    When can the Contractor commence the Tests after Completion?

    <p>After a Notice of No-objection is given by the Employer</p> Signup and view all the answers

    What should the Contractor do if the Works are ready for Tests after Completion but is prevented from carrying them out?

    <p>Carry out the Tests as soon as practicable and claim for any incurred cost</p> Signup and view all the answers

    What must the Contractor do if the Employer issues a Notice stating non-compliance with the test programme?

    <p>Revise the test programme within 14 days</p> Signup and view all the answers

    What is the consequence for the Employer if the Contractor is prevented from carrying out the Tests after Completion?

    <p>The Contractor is entitled to payment for the delay</p> Signup and view all the answers

    What is the required notice period for the Contractor to commence the Tests after Completion?

    <p>Within 14 days after the date stated in the Notice</p> Signup and view all the answers

    What should the Contractor do if the Employer gives a Notice of No-objection to the test programme?

    <p>Proceed to carry out the Tests after Completion</p> Signup and view all the answers

    What rights does the Contractor have if the Employer's Personnel unduly delay the Tests after Completion?

    <p>Carry out the Tests as soon as practicable and claim for any incurred cost</p> Signup and view all the answers

    What must the Contractor do if the Employer's Personnel prevent the Tests after Completion?

    <p>Carry out the Tests as soon as practicable and claim for any incurred cost</p> Signup and view all the answers

    What is the consequence for the Contractor if the Tests after Completion are unduly delayed by the Employer's Personnel?

    <p>The Contractor is entitled to payment for the delay</p> Signup and view all the answers

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