30 Questions
Which form of communication is NOT mentioned as acceptable in the Conditions?
Sent by carrier pigeon
What happens if the recipient gives notice of another address?
Communications shall be delivered accordingly to the new address
Under what circumstances can approvals, certificates, consents, and determinations be withheld or delayed?
They can be unreasonably withheld or delayed
What law governs the Contract?
The law of the country stated in the Particular Conditions
In case of versions of the Contract written in multiple languages, which version prevails?
The version in the ruling language stated in the Particular Conditions
What is the default language for communications?
The language stated in the Particular Conditions
What is the deadline for exclusive use by AECOM Middle East, Abu Dhabi?
End of July 2011
Who has full authority under the Contract, except for termination by the Employer?
The Employer's Representative
When must the Employer inform the Contractor if replacing the Employer's Representative?
At least 14 days in advance
Who can issue instructions to the Contractor within their defined delegation?
Delegated persons, including the Employer's Representative
In what form must instructions from the Employer be given?
In writing
Who is responsible for providing all necessary personnel, goods, and services for the design, execution, and completion of the Works?
The Contractor
When must the Performance Security be delivered to the Employer after both Parties have signed the Contract Agreement?
Within 28 days
Who must issue the Performance Security as specified in the Contract?
An approved entity and from an approved country or jurisdiction
What action should the Contractor take if the Performance Security's expiry date is specified and the Performance Certificate has not been received 28 days prior to the expiry date?
Extend the validity of the Performance Security until the Works have been completed and any defects have been remedied
Under what circumstances may the Employer make a claim under the Performance Security?
Failure by the Contractor to extend the validity of the Performance Security as described in the clause
What is the consequence of the Contractor's failure to pay the Employer an amount due within 42 days after agreement or determination?
The Employer may claim the full amount of the Performance Security
What is the Contractor required to do in relation to the Contractor's Representative?
Appoint the Contractor's Representative and give him all necessary authority to act on the Contractor's behalf
When should the Employer return the Performance Security to the Contractor?
Within 21 days after the Contractor has become entitled to receive the Performance Certificate
What is the Contractor responsible for ensuring regarding the Performance Security?
Validity and enforceability until the Works have been completed and any defects have been remedied
What expenses is the Employer required to indemnify and hold the Contractor harmless against?
Damages, losses, and legal fees resulting from a claim under the Performance Security to the extent to which the Employer was not entitled to make the claim
What is the time period for the Contractor to remedy a default after receiving the Employer's notice?
42 days
When may the Employer make a claim under the Performance Security for amounts to which the Employer is entitled under the Contract?
In the event of the Contractor's failure to extend the validity of the Performance Security as described in the clause
According to the priority of documents in a contract, for interpretation purposes, which document holds the highest priority?
Particular Conditions
In the event of the Employer's failure to provide access to the Site causing delay or cost to the Contractor, when should the Contractor give notice?
As soon as practicable after becoming aware of the event
What is the responsibility of the Employer regarding giving the Contractor right of access to the Site?
To provide access within the specified time and manner, which may not be exclusive to the Contractor
Can the Contractor assign the whole or any part of the contract without the prior agreement of the other party?
No, not without the prior agreement of the other party
If the Contractor forms a joint venture or consortium, what is the liability of the members to the Employer?
They are jointly and severally liable to the Employer
What is the responsibility of the Contractor regarding disclosure of confidential information described in the Tender?
The Contractor must disclose other required information for verification but not confidential information described in the Tender
When does the contract come into full force and effect?
On the date stated in the Contract Agreement
Study Notes
Contract Terms and Conditions
- The language for communications in a contract is determined by the language in which most of the contract is written.
- The priority of documents in a contract, for interpretation purposes, is in the following sequence: Contract Agreement, Particular Conditions, General Conditions, Employer's Requirements, Tender, and other contract documents.
- The contract comes into full force and effect on the date stated in the Contract Agreement, with stamp duties and similar charges borne by the Employer.
- Neither party can assign the whole or any part of the contract without the prior agreement of the other party.
- The Contractor is not required to disclose confidential information described in the Tender to the Employer but must disclose other required information for verification.
- The Contractor must comply with applicable laws during the contract, unless otherwise stated in the Particular Conditions.
- If the Contractor forms a joint venture or consortium, the members are jointly and severally liable to the Employer and cannot alter their composition without the Employer's consent.
- The Employer is responsible for giving the Contractor right of access to the Site within the specified time and manner, which may not be exclusive to the Contractor.
- If the Contractor suffers delay or incurs cost due to the Employer's failure to provide access to the Site, the Contractor must give notice as soon as practicable after becoming aware of the event.
- The Employer may appoint an Employer's Representative to act on his behalf under the Contract, with notice given to the Contractor of the Representative's name, address, duties, and authority.
- The Employer may deduct any amount he is entitled to be paid from the Contractor, and the Employer's Representative shall carry out duties and exercise authority delegated by the Employer.
- The Employer's Representative's duties and authority are delegated by the Employer and shall be exercised on his behalf.
Test your understanding of contract terms and conditions with this quiz covering the language of communications, priority of documents, contract commencement, confidentiality, compliance with laws, joint ventures, access to site, notice requirements, and employer's representative.
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