48 Questions
In FIDIC's 2017 contract updates, what is the default percentage for Contractor's profit if not stated in the Contract Data?
5%
What is the abbreviation used for 'Interim Payment Certificate' in FIDIC's 2017 contract updates?
IPC
Under FIDIC's 2017 contract updates, what is the new term added to replace 'plus reasonable profit' used in the 1999 FIDIC contracts?
Cost Plus Profit
In FIDIC's 2017 contract updates, what are the two parts that 'Particular Conditions' is defined as?
Part A – Contract Data and Part B – Special Provisions
What has been added to Clause 15 of the FIDIC 2017 Contract?
New termination rights for the Employer
Which clause now solely concerns claims under the FIDIC 2017 Contract?
Clause 20
What does Sub-Clause 20.1 of the FIDIC 2017 Contract describe?
Types of claims
What has Clause 18 of the FIDIC 2017 Contract been amended to align with?
FIDIC's Gold Book
Which Sub-Clauses have been added to detail the situation where the Employer terminates the Contract for convenience in the FIDIC 2017 Contract?
15.6 and 15.7
What has been retained in the FIDIC 2017 Contract, which has been a subject of much discussion and debate?
The 28 days’ time-bar provision
What is covered under Clause 17 of the FIDIC 2017 Contract?
Care of the works and indemnities
What does Sub-Clause 20.2 of the FIDIC 2017 Contract prescribe?
The step-by-step procedure for Employer's and Contractor's claims for time and/or money
What has been added to Clause 16 of the FIDIC 2017 Contract?
New termination rights for the Contractor
What is now solely covered under Clause 19 of the FIDIC 2017 Contract?
Insurance
What has been restructured and re-ordered under Clause 17 of the FIDIC 2017 Contract?
Care of the works and indemnities
What has been added to the FIDIC 2017 Contract to clarify the steps before termination by the Employer?
Sub-Clauses 15.6 and 15.7
What does Sub-Clause 12.3 of the FIDIC Red Book 2017 require if the Contractor and Engineer cannot agree on the valuation of works?
Agreement or determination
Under Sub-Clause 13.1 of the FIDIC Red Book 2017, what is allowed for variations and qualifications for instructions of omissions?
Variations and qualifications
What does Sub-Clause 13.3.1 of the FIDIC Red Book 2017 allow the Contractor to recover if they agree to omissions?
Losses
What does Sub-Clause 13.2 of the FIDIC Red Book 2017 allow for sharing in relation to a Contractor's value engineering proposal?
Costs/delays
What is restructured into two parts under the FIDIC Red Book 2017 in Sub-Clause 13.3?
Variation by Instruction and Variation by Request for Proposal
What does Sub-Clause 13.6 of the FIDIC Red Book 2017 add entitlement for the Contractor and reciprocity for the Employer in the event of?
Changes in laws
What does Sub-Clause 14.2 of the FIDIC Red Book 2017 provide a clear step-by-step format for?
Advance payment details
What does Sub-Clause 14.7 of the FIDIC Red Book 2017 allow flexibility to agree on?
Timing of payments
What does Sub-Clause 13.8 of the FIDIC Red Book 2017 replace the complex formula with a reference to?
Schedule of cost indexation
What is added under Sub-Clause 13.1 of the FIDIC Red Book 2017 to provide new grounds for the Contractor's right to object to an instructed Variation?
Various sub-clauses
What is restructured under Sub-Clause 14.6 of the FIDIC Red Book 2017, providing a clear step-by-step format?
Interim payments
What is the default time period stated in the FIDIC Red Book 2017 in the event of none in the Contract Data regarding the timing of payments?
Default time periods
What is the key change related to the Employer's responsibility in the FIDIC Red Book 2017?
The Employer is now required to provide proof of financial arrangements for payment of Variations above specified thresholds
What does Sub-Clause 3.1 of the Red Book 2017 specify about 'the Engineer'?
The Engineer is a legal entity and an engineering professional
What do Sub-Clauses 3.4 & 3.5 address in the Red Book 2017?
Difficulties in determining if an instruction constitutes a Variation
What is outlined in Sub-Clause 3.7 of the Red Book 2017?
The Engineer's role in dealing with the Parties' claims and other contract matters
What aspects do the provisions for agreement/determination under Sub-Clause 3.7 apply to in the Red Book 2017?
Variations, extension of time, adjustments of the Contract Price/Schedule of Payments
What does Sub-Clause 4.2 introduce in the Red Book 2017?
A restructured Performance Security provision
What is restructured and detailed in a step-by-step format under Sub-Clause 4.12 of the Red Book 2017?
The actions of the Contractor and the Engineer in case of unforeseeable conditions
What is Clause 5 in the Red Book 2017 dedicated to?
Subcontracting
What does Sub-Clause 4.4 of the Red Book 2017 address?
Provisions for submission, review, and as-built records or operation and maintenance manuals
What change in the FIDIC Red Book 2017 requires the Employer to describe financial arrangements?
Sub-Clause 3.1
Which Sub-Clause in the Red Book 2017 addresses the situation where an element of the Works is to be designed by the Contractor?
Sub-Clause 4.4
Which Sub-Clause outlines a step-by-step procedure with time limits for the Engineer's role in dealing with the Parties' claims and other contract matters?
Sub-Clause 3.7
Which clause in the Red Book 2017 is dedicated to subcontracting?
Clause 5
What does Sub-Clause 4.12 in the Red Book 2017 address?
Unforeseeable Physical Conditions
Which Sub-Clause specifies that 'the Engineer' appointed is a legal entity and an engineering professional?
Sub-Clause 3.1
What is addressed in Sub-Clauses 3.4 & 3.5 of the Red Book 2017?
Variations
What does Sub-Clause 4.2 introduce in the Red Book 2017?
Performance Security provision
What is covered under the provisions for agreement/determination in Sub-Clause 3.7?
Variations, extension of time, adjustments of the Contract Price/Schedule of Payments
What is the key change in Sub-Clause 4.12 of the Red Book 2017?
Clarification of the expectations and actions of the Contractor and the Engineer
What does Sub-Clause 3.7 emphasize about the Engineer's role?
The Engineer's authority without requiring the Employer's consent
Study Notes
FIDIC Red Book 2017: Key Changes and Updates
- In FIDIC's 2017 contract updates, the Employer is now required to describe financial arrangements in the Contract Data, notify the Contractor of material changes, and provide proof of financial arrangements for payment of Variations above specified thresholds.
- Sub-Clause 3.1 of the Red Book 2017 specifies that 'the Engineer' appointed is a legal entity and an engineering professional, reflecting the global voice of the Consulting Engineering industry.
- Sub-Clauses 3.4 & 3.5 address difficulties in determining if an instruction constitutes a Variation, allowing the Contractor to give Notice and the Engineer to confirm, reverse, or vary the instruction within a stated time period.
- Sub-Clause 3.7 in the Red Book 2017 outlines a step-by-step procedure with time limits for the Engineer's role in dealing with the Parties' claims and other contract matters, emphasizing the Engineer's neutral role and authority under Sub-Clause 3.7 without requiring the Employer's consent.
- The provisions for agreement/determination under Sub-Clause 3.7 now apply to various aspects including measurement of the Works, new rate/price, Variations, extension of time, adjustments of the Contract Price/Schedule of Payments, Daywork, progress affecting payment, and more.
- Sub-Clause 4.2 introduces a restructured Performance Security provision, allowing for an increase or decrease of the security amount based on Variations and stipulating the treatment of amounts received from the Performance Security.
- In the Red Book 2017, Sub-Clause 4.12 [Unforeseeable Physical Conditions] has been restructured and detailed in a step-by-step format to clarify the expectations and actions of the Contractor and the Engineer in case of unforeseeable conditions.
- Clause 5 in the Red Book 2017 is dedicated to subcontracting, covering ordinary and nominated subcontractors, with provisions from Sub-Clause 4.4 and 4.5 in the Red Book 1999 moved to Clause 5.
- Sub-Clause 4.4 of the Red Book 2017 addresses the situation where an element of the Works is to be designed by the Contractor, outlining provisions for submission, review, and as-built records or operation and maintenance manuals.
Learn about the significant changes and updates introduced in the FIDIC Red Book 2017 contract, including provisions related to the Employer's financial arrangements, the Engineer's role and responsibilities, variations, performance security, subcontracting, and design by the Contractor. Gain insights into the restructuring and detailed procedures outlined in the updated clauses.
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