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Questions and Answers
What is the Contractor required to submit before the Tests on Completion?
When should the Contractor rectify errors or defects found in the provisional O&M Manuals?
In case of errors found in the Contractor's design and/or documents, how should they be corrected?
When should the final O&M Manuals be submitted to the Employer?
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Who is responsible for engaging and paying all personnel, their accommodation, transport, and welfare?
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What becomes the property of the Employer upon delivery to the site or payment to the Contractor?
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In what circumstances can the Employer employ and pay others for the work with costs borne by the Contractor?
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Who is responsible for paying royalties, rents, and other payments for natural materials obtained from outside the site and disposal of materials?
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What must the Employer give not less than 14 days before the Commencement Date?
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Who is responsible for design errors and all corrections and resubmissions at their own risk and cost?
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What happens if Plant and/or Materials delivery is suspended for more than 28 days?
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Under what circumstances can the Contractor request permission to proceed if the suspension of work continues for more than 84 days?
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What must the Contractor comply with regarding wages and labor conditions?
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Under what circumstances can the Employer employ and pay others for the work with costs borne by the Contractor?
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What specific provision applies for suspension and evidence of compliance if the Contractor fails to comply with instructions?
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Who is responsible for paying royalties, rents, and other payments for natural materials obtained from outside the site and disposal of materials?
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What happens if the Employer does not give a Notice within 14 days after receiving the test results?
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What action can the Employer take if the Tests on Completion are unduly delayed by the Contractor?
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What happens if the Contractor fails to carry out the Tests on Completion within the specified period?
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What is the consequence if the Works fail to pass the Tests on Completion?
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What provision applies if the Works fail to pass the Tests on Completion and need to be repeated?
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What is the consequence if the Works fail to pass the Tests on Completion repeated under Sub-Clause 9.3 [Retesting]?
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What becomes of the repeated tests under Sub-Clause 9.3 [Retesting]?
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What is the Employer entitled to if the Works fail to pass the Tests on Completion repeated under Sub-Clause 9.3 [Retesting]?
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What happens if the Tests on Completion are unduly delayed by the Employer's Personnel or due to a cause for which the Employer is responsible?
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Study Notes
FIDIC 2017 EPC/Turnkey Contract - Key Clauses Summary
- The Contractor is responsible for engaging and paying all personnel, their accommodation, transport, and welfare, unless otherwise stated in the Specification.
- The Contractor must comply with laws and standards for wages and labor conditions, and cannot recruit the Employer's personnel.
- If the Contractor fails to comply with instructions, the Employer may employ and pay others for the work, with costs borne by the Contractor.
- Plant and materials become the property of the Employer upon delivery to the site, payment to the Contractor, or as determined under specific sub-clauses.
- The Contractor is responsible for paying royalties, rents, and other payments for natural materials obtained from outside the site and disposal of materials.
- The Employer must give a notice of the Commencement Date not less than 14 days before the date, unless otherwise stated in the Particular Conditions.
- The Contractor must complete the works within the agreed Time for Completion, with specific provisions for suspension and evidence of compliance.
- If Plant and/or Materials delivery is suspended for more than 28 days, specific conditions apply for marking and evidencing compliance.
- If the suspension continues for more than 84 days, the Contractor may request permission to proceed, and if not granted, may terminate the contract.
- The Contractor is responsible for design errors and all corrections and resubmissions at their own risk and cost.
- The Employer may employ and pay others if the Contractor fails to comply with instructions, with costs borne by the Contractor.
- The Contractor is responsible for paying royalties, rents, and other payments for natural materials obtained from outside the site and disposal of materials.
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