CCDC 17 - Part 3

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Questions and Answers

According to the text, what is the time frame for appointing a Project Mediator?

  • Within 10 Working Days after the parties neglected to make an appointment
  • Within 10 Working Days after the Contract was awarded
  • Within 20 Working Days after the Contract was awarded (correct)
  • Within 20 Working Days after the parties neglected to make an appointment

According to the text, what happens if a party accepts a finding of the Construction Manager or the Consultant?

  • The party waives and releases the other party from any claims in respect of the particular matter dealt with in that finding (correct)
  • The party can still send a Notice in Writing of dispute to the other party, the Construction Manager, and the Consultant
  • The party can request the Project Mediator to assist in resolving the dispute
  • The party can refer the dispute to be finally resolved by arbitration

According to the text, what is the next step if a dispute has not been resolved within 10 Working Days after the Project Mediator was requested?

  • The parties refer the dispute to the courts
  • The parties request arbitration
  • The Project Mediator terminates the mediated negotiations (correct)
  • The parties request further mediation

According to the text, when can disputes referred to arbitration be held in abeyance?

<p>Until Substantial Performance of the Work, termination of the Contract, or abandonment of the Work (B)</p> Signup and view all the answers

Who is responsible for construction health and safety at the Place of the Project?

<p>The Construction Manager (C)</p> Signup and view all the answers

What should the Trade Contractor do if they observe or suspect the presence of mould at the Place of the Project?

<p>All of the above (D)</p> Signup and view all the answers

Who is responsible for the cost of remediating or disposing of mould if it was caused by the Trade Contractor's operations under the Contract?

<p>The Trade Contractor (B)</p> Signup and view all the answers

What should the Owner do if they agree that the presence of mould was not caused by the Trade Contractor's operations?

<p>All of the above (D)</p> Signup and view all the answers

According to the text, who is responsible for protecting the Project and the Owner's property from damage caused by the Trade Contractor's operations under the Contract?

<p>The Trade Contractor (D)</p> Signup and view all the answers

Before commencing any Work, what must the Trade Contractor do?

<p>Determine the location of all underground utilities and structures (C)</p> Signup and view all the answers

Who is responsible for making good any damage to the Work or Owner's property for which the Trade Contractor is not responsible?

<p>The Trade Contractor (C)</p> Signup and view all the answers

Who is responsible for taking all necessary steps to dispose of, store, or render harmless toxic or hazardous substances that were present at the Place of the Project prior to the Trade Contractor commencing the Work?

<p>The Owner (C)</p> Signup and view all the answers

According to Part 8 of the General Conditions, disputes between the parties to the Contract that are not resolved by the Construction Manager or the Consultant shall be settled in accordance with the requirements of which section?

<p>GC 8.2 - NEGOTIATION, MEDIATION AND ARBITRATION (B)</p> Signup and view all the answers

If a dispute arises under the Contract in respect of a matter in which neither the Construction Manager nor the Consultant have authority to make a finding, which procedures apply to that dispute?

<p>GC 8.2 - NEGOTIATION, MEDIATION AND ARBITRATION (A)</p> Signup and view all the answers

If a dispute is not resolved promptly, what instructions will the Construction Manager give?

<p>Instructions to prevent delays pending settlement of the dispute (B)</p> Signup and view all the answers

By acting immediately according to the Construction Manager's instructions in the event of a dispute, what will the parties not jeopardize?

<p>Their claim to a fair resolution of the dispute (A)</p> Signup and view all the answers

According to the text, which section of the General Conditions addresses dispute resolution?

<p>Part 8 - DISPUTE RESOLUTION (B)</p> Signup and view all the answers

According to the text, what is the exception to the taxes and customs duties included in the Contract Price?

<p>Value Added Taxes payable by the Owner to the Trade Contractor (B)</p> Signup and view all the answers

If a party does not accept the expert's finding, what steps are they required to take according to the text?

<p>Take the steps required by paragraphs 9.5.2 or 9.5.3 (A)</p> Signup and view all the answers

According to the text, what is the purpose of GC 9.5 - MOULD?

<p>To indemnify the Trade Contractor (A)</p> Signup and view all the answers

According to the text, what section of the General Conditions addresses taxes and duties?

<p>GC 10.1 - TAXES AND DUTIES (D)</p> Signup and view all the answers

According to the text, if the Owner and Trade Contractor agree that toxic or hazardous substances were brought onto the Place of the Project by the Trade Contractor or anyone for whom the Trade Contractor is responsible, what is the responsibility of the Trade Contractor?

<p>Take all necessary steps to safely remove and dispose of the substances (B)</p> Signup and view all the answers

According to the text, if the Owner and Trade Contractor do not agree on the existence or significance of toxic or hazardous substances brought onto the Place of the Project, what action should the Owner take?

<p>Retain and pay for an independent qualified expert to investigate and determine the matter (A)</p> Signup and view all the answers

According to the text, if the Owner and Trade Contractor agree that toxic or hazardous substances were not brought onto the Place of the Project by the Trade Contractor or anyone for whom the Trade Contractor is responsible, what action should the Owner take?

<p>Take all steps required under paragraph 9.2.4 (D)</p> Signup and view all the answers

According to the text, if the Owner and Trade Contractor do not accept the expert's findings on the existence or significance of toxic or hazardous substances, how should the disagreement be settled?

<p>In accordance with Part 8 of the General Conditions - DISPUTE RESOLUTION (A)</p> Signup and view all the answers

True or false: The Contract Price includes all taxes and customs duties except for Value Added Taxes payable by the Owner to the Trade Contractor as stipulated in Article A-4 of the Agreement - CONTRACT PRICE.

<p>True (A)</p> Signup and view all the answers

True or false: Disputes referred to arbitration can be held in abeyance until the Project Mediator has been appointed.

<p>False (B)</p> Signup and view all the answers

True or false: By acting immediately according to the expert's determination in the event of a dispute, neither party will jeopardize any claim they may have to be reimbursed as provided by GC 9.5 - MOULD.

<p>True (A)</p> Signup and view all the answers

True or false: According to the text, disputes between the parties to the Contract that are not resolved by the Construction Manager or the Consultant shall be settled in accordance with the requirements of Part 8 of the General Conditions - DISPUTE RESOLUTION.

<p>True (A)</p> Signup and view all the answers

True or false: The Trade Contractor is responsible for making good any damage to the Work or Owner's property for which they are not responsible.

<p>False (B)</p> Signup and view all the answers

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