53 Questions
What action can the Engineer take if the Tests on Completion are unduly delayed by the Contractor?
Proceed with the Tests at the risk and cost of the Contractor
When should the Contractor carry out the Tests on Completion if required by the Engineer?
Within 21 days after receiving the notice
What happens if the Contractor fails to carry out the Tests on Completion within the period of 21 days?
The Engineer will carry out the Tests at the risk and cost of the Contractor
Under what circumstances would Sub-Clause 7.4 [Testing] and/or Sub-Clause 10.3 [Interference with Tests on Completion] be applicable?
If the Tests on Completion are being unduly delayed by the Employer
What is the consequence if the Tests on Completion are being unduly delayed by the Employer?
Relevant Sub-Clauses will be applicable
What action should the Contractor take if the Tests on Completion are being unduly delayed by the Employer?
Proceed with the Tests at the risk and cost of the Employer
What happens if the Works fail to pass the Tests on Completion?
Retesting will be required
If the Engineer fails to issue a Taking-Over Certificate or reject the application within 28 days, and the Works are substantially in accordance with the Contract, what happens?
The Certificate shall be deemed to have been issued
When can the Contractor apply for a Taking-Over Certificate?
Not earlier than 14 days before the Works are complete
What happens if the Employer uses any part of the Works before the Taking-Over Certificate is issued?
The Contractor's liability for care ceases
Under what circumstances may the Engineer issue a Taking-Over Certificate for any part of the Permanent Works?
At the sole discretion of the Employer
What can the Contractor do if incurring costs due to the Employer's use of the Works?
The Contractor is entitled to payment of such costs plus reasonable profit
When should the Contractor carry out any outstanding Tests on Completion?
Before the expiry date of the Defects Notification Period
What happens if the works fail to pass the repeated tests requested by the Engineer?
The Engineer may order further repetition of tests, reject the works, or issue a Taking-Over Certificate if requested by the Employer
What is the formula for calculating the proportional reduction in delay damages?
Value of the part certified / Value of the Works or Section as a whole
When can the daily rate of delay damages be affected?
By the provisions of a Taking-Over Certificate
Under what conditions can the Defects Notification Period be extended?
If the Works, Section, or major item of Plant cannot be used for their intended purposes
Who is responsible for executing work required to remedy defects or damage?
The Contractor
What is the consequence if the Contractor fails to remedy a defect within a reasonable time?
The Employer may carry out the work at the Contractor's cost
Under what circumstances is the Contractor not responsible for the cost of remedying defects?
When the work is attributable to a design for which the Contractor is responsible
What happens if the Contractor is prevented from carrying out the Tests on Completion for more than 14 days?
The Employer is deemed to have taken over the Works
What is the Engineer entitled to do if the defect or damage deprives the Employer of substantially the whole benefit of the Works or any major part of the Works?
Terminate the Contract as a whole
What may the Contractor do if the defect or damage cannot be remedied expeditiously on the Site and the Employer gives consent?
Remove from the Site for the purposes of repair such items of Plant as are defective or damaged
When shall the Performance Certificate be issued by the Engineer?
Within 28 days after the latest of the expiry dates of the Defects Notification Periods
What does the Contractor need to do upon receiving the Performance Certificate?
Remove any remaining Contractor’s Equipment, surplus material, wreckage, rubbish and Temporary Works from the Site
What is the Engineer entitled to do if the work of remedying any defect or damage may affect the performance of the Works?
Require the repetition of any of the tests described in the Contract
What happens if the Contractor fails to remove any remaining Contractor’s Equipment, surplus material, wreckage, rubbish and Temporary Works from the Site within 28 days after the Employer receives a copy of the Performance Certificate?
The Employer may sell or dispose of the remaining items
What is considered as acceptance of the Works?
The issuance of the Performance Certificate
What is the Contractor required to do if the Engineer requests a search for the cause of any defect?
Search for the cause of any defect under the direction of the Engineer
When shall the Contractor's obligations be considered to have been completed?
After the Engineer has issued the Performance Certificate
If the Contractor is prevented from carrying out Tests on Completion for more than 14 days, who is responsible for the delay?
The Employer
What happens if the Contractor fails to remedy defects within a reasonable time?
The Employer may carry out the work at the Contractor's cost
Under what circumstances is the Employer entitled to an extension of the Defects Notification Period?
If the Works or a major item of Plant cannot be used as intended due to defects or damage
What is the maximum extension for the Defects Notification Period?
2 years
What can the Employer require the Engineer to do if the Employer carries out remedial work?
Agree to a reduction in the Contract Price
If the Contractor fails to remove any remaining Contractor’s Equipment, surplus material, wreckage, rubbish and Temporary Works from the Site within 28 days after the Employer receives a copy of the Performance Certificate, what can the Employer do?
Carry out the removal at the Contractor's cost
What is the consequence if the Contractor is notified of defects or damage, and work to remedy them is executed at the Contractor's risk and cost if attributable to specific causes?
The Contractor has to execute the work at their own risk and cost
If the Contractor is prevented from carrying out Tests on Completion for more than 14 days, who is responsible for the delay?
The Employer
Under what circumstances may the Engineer agree or determine proportions in delay damage calculations?
If the Contract allows for it
What is the maximum extension for the Defects Notification Period?
2 years
What happens if the Contractor fails to remedy defects within a reasonable time?
The Employer may carry out the work at the Contractor's cost
Under what circumstances is the Contractor not responsible for the cost of remedying defects?
If the defects were present at the time of taking over
What can the Employer do if the Contractor fails to remove any remaining Contractor’s Equipment, surplus material, wreckage, rubbish, and Temporary Works from the Site within 28 days after the Employer receives a copy of the Performance Certificate?
The Employer must remove the items at the Contractor's cost
What action can the Engineer take if the Tests on Completion are unduly delayed by the Contractor?
The Engineer can carry out the tests at the Contractor's cost
What is the consequence if the Contractor fails to remove any remaining Contractor’s Equipment, surplus material, wreckage, rubbish and Temporary Works from the Site within 28 days after the Employer receives a copy of the Performance Certificate?
The Employer may sell or dispose of the remaining items.
Under what circumstances may the Engineer require the repetition of any of the tests described in the Contract?
If the work of remedying any defect or damage may affect the performance of the Works.
What happens if the Contractor is prevented from carrying out Tests on Completion for more than 14 days?
The Contractor is responsible for the delay and any associated costs.
What is the consequence if the Tests on Completion are being unduly delayed by the Employer?
The Contractor may be entitled to additional compensation.
When shall the Performance Certificate be issued by the Engineer?
Within 28 days after the latest of the expiry dates of the Defects Notification Periods.
Under what circumstances is the Contractor not responsible for the cost of remedying defects?
If the defect or damage deprives the Employer of substantially the whole benefit of the Works.
What is the Contractor required to do if the Engineer requests a search for the cause of any defect?
The Contractor must carry out the search under the direction of the Engineer.
What can the Contractor do if incurring costs due to the Employer's use of the Works?
The Contractor may file a claim against the Employer for compensation.
What is the consequence if the Works fail to pass the repeated tests requested by the Engineer?
The Contractor is responsible for the cost of remedying the defects.
Study Notes
FIDIC Conditions of Contract: Rejection, Tests on Completion, and Taking Over
- The Engineer or the Contractor can request failed tests to be repeated under the same terms and conditions.
- If the works fail to pass the repeated tests, the Engineer may order further repetition of tests, reject the works, or issue a Taking-Over Certificate if requested by the Employer.
- In case of rejection, the Contractor must proceed with all other obligations under the Contract and the Contract Price will be reduced.
- The Works shall be taken over by the Employer when completed in accordance with the Contract, and a Taking-Over Certificate has been issued.
- The Contractor may apply for a Taking-Over Certificate not earlier than 14 days before the Works are complete.
- The Engineer should issue the Taking-Over Certificate within 28 days after receiving the Contractor’s application or reject the application.
- If the Engineer fails to issue the Taking-Over Certificate or reject the application within 28 days, and the Works are substantially in accordance with the Contract, the Certificate shall be deemed to have been issued.
- The Engineer may issue a Taking-Over Certificate for any part of the Permanent Works at the sole discretion of the Employer.
- The Employer should not use any part of the Works unless a Taking-Over Certificate has been issued.
- If the Employer uses any part of the Works before the Certificate is issued, the Contractor's liability for care ceases, and the Contractor may request a Taking-Over Certificate for that part.
- After a Taking-Over Certificate is issued, the Contractor should carry out any outstanding Tests on Completion before the expiry date of the Defects Notification Period.
- If the Contractor incurs costs due to the Employer's use of the Works, the Contractor is entitled to payment of such costs plus reasonable profit, to be included in the Contract Price.
FIDIC Conditions of Contract for Construction
- The text discusses the calculation of proportional reduction in delay damages after the Taking-Over Certificate date.
- It outlines the process for the Engineer to agree or determine proportions in delay damage calculations.
- If the Contractor is prevented from carrying out Tests on Completion for more than 14 days, the Employer is responsible for the delay.
- The Contractor is entitled to an extension of time and payment for any costs incurred due to delays in carrying out Tests on Completion.
- A certificate for a section or part of the Works does not certify completion of any surfaces requiring reinstatement, unless stated otherwise.
- The Contractor is required to complete outstanding work and remedy defects within a specified period.
- The Contractor is notified of defects or damage, and work to remedy them is executed at the Contractor's risk and cost if attributable to specific causes.
- The Employer is entitled to an extension of the Defects Notification Period if the Works or a major item of Plant cannot be used as intended due to defects or damage.
- The Defects Notification Period may be extended by a maximum of two years.
- If the Contractor fails to remedy defects within a reasonable time, the Employer may carry out the work at the Contractor's cost or require a reduction in the Contract Price.
- The Contractor must be given reasonable notice if the Employer plans to carry out remedial work at the Contractor's cost.
- The Employer can require the Engineer to agree or determine a reasonable reduction in the Contract Price if the Employer carries out remedial work.
FIDIC Conditions of Contract for Construction
- The text discusses the calculation of proportional reduction in delay damages after the Taking-Over Certificate date.
- It outlines the process for the Engineer to agree or determine proportions in delay damage calculations.
- If the Contractor is prevented from carrying out Tests on Completion for more than 14 days, the Employer is responsible for the delay.
- The Contractor is entitled to an extension of time and payment for any costs incurred due to delays in carrying out Tests on Completion.
- A certificate for a section or part of the Works does not certify completion of any surfaces requiring reinstatement, unless stated otherwise.
- The Contractor is required to complete outstanding work and remedy defects within a specified period.
- The Contractor is notified of defects or damage, and work to remedy them is executed at the Contractor's risk and cost if attributable to specific causes.
- The Employer is entitled to an extension of the Defects Notification Period if the Works or a major item of Plant cannot be used as intended due to defects or damage.
- The Defects Notification Period may be extended by a maximum of two years.
- If the Contractor fails to remedy defects within a reasonable time, the Employer may carry out the work at the Contractor's cost or require a reduction in the Contract Price.
- The Contractor must be given reasonable notice if the Employer plans to carry out remedial work at the Contractor's cost.
- The Employer can require the Engineer to agree or determine a reasonable reduction in the Contract Price if the Employer carries out remedial work.
This quiz covers key aspects of the FIDIC Conditions of Contract related to rejection of works, repetition of tests, issuance of Taking-Over Certificate, and responsibilities of the Employer and Contractor. It also addresses the process for calculating delay damages, extension of time, and payment for costs incurred due to delays in carrying out Tests on Completion.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
