Questions and Answers
If the Contractor suffers delay and/or incurs Cost as a result of an error in the Employer's Requirements, what is the Contractor entitled to, subject to Sub-Clause 20.1?
An extension of time for any such delay and payment of any such Cost plus reasonable profit
What shall the Engineer do after receiving notice from the Contractor about an error in the Employer's Requirements?
Proceed in accordance with Sub-Clause 3.5 to agree or determine the extent of the error and related matters
Who retains the copyright and other intellectual property rights in the Contractor's Documents and other design documents?
The Contractor
Under what condition is the Contractor entitled to an extension of time for any delay due to errors in the Employer's Requirements?
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What should an experienced contractor exercising due care not have been able to do in order to claim entitlement due to an error in the Employer's Requirements?
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What should the Engineer do in response to the notice from the Contractor about an error in the Employer's Requirements?
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According to the text, when does the execution of a part of the Works commence?
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What happens if the Engineer does not give notice regarding the approval of the Contractor's Document?
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What is required before the execution of a part of the Works in the case of a Contractor's Document submitted for approval?
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What should the Contractor do if they wish to modify a previously submitted design or document?
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What is the consequence of the Engineer instructing that further Contractor's Documents are required?
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When is the execution of a part of the Works required to be in accordance with the Contractor's Documents?
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According to the FIDIC General Conditions, who is responsible for interpreting the provided data about sub-surface and hydrological conditions at the Site?
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In the FIDIC General Conditions, who determines the extent of unforeseeable physical conditions and any resulting adjustments in costs?
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According to the FIDIC General Conditions, who bears the costs for access to the Site and any additional facilities required for the Works?
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In the FIDIC General Conditions, who is entitled to an extension of time and payment for any resulting costs if unforeseeable physical conditions are encountered?
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According to the FIDIC General Conditions, who must provide all relevant data on sub-surface and hydrological conditions at the Site to the Contractor before and after the Base Date?
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In the FIDIC General Conditions, who must show evidence of prior approval by the Contractor for their technical documents?
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Who is responsible for reporting any findings of geological or archaeological interest on the site?
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What is the consequence if a Contractor's Document fails to comply with the Contract?
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Who must ensure that qualified designers are used for the design of the Works?
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What happens if the review period for Contractor's Documents exceeds 21 days?
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Who is entitled to an extension of time and payment for complying with the Engineer's instructions for dealing with geological or archaeological findings?
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Who must scrutinize the Employer's Requirements and notify the Engineer of any errors, faults, or defects found?
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What is the consequence if the Contractor's Documents fail to comply with the Contract?
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Who retains copyright and intellectual property rights in the Employer's Requirements and other documents?
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Under what condition is the Contractor entitled to an extension of time for any delay due to errors in the Employer's Requirements?
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Who is obligated to design, execute, and complete the Works in accordance with the Contract, ensuring the Works are fit for their intended purposes and providing necessary personnel, goods, and services?
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What should the Contractor do if they wish to modify a previously submitted design or document?
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Who must disclose confidential information as required by the Engineer to verify compliance with the Contract?
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According to the text, who retains copyright and intellectual property rights in the Employer's Requirements and other documents?
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What is the minimum notice period required by the Employer if they intend to replace the Engineer?
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Who has the right to question any determination or instruction of an assistant and refer the matter to the Engineer?
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What must the Contractor provide for the use and protection of the public and adjacent landowners due to the execution of the Works?
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What is the Contractor obligated to institute to demonstrate compliance with the Contract?
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When must details of all procedures and compliance documents be submitted to the Engineer for information?
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Study Notes
Contractor and Employer Rights and Obligations in FIDIC Contract
- The Contractor grants the Employer a non-terminable, transferable, non-exclusive, royalty-free license to copy, use, and communicate the Contractor's Documents for the intended working life of the Works.
- The Contractor's Documents and design documents made by the Contractor cannot be used, copied, or communicated to a third party by the Employer without the Contractor's consent, except for purposes permitted under the Contract.
- The Employer retains copyright and intellectual property rights in the Employer's Requirements and other documents, which the Contractor may copy, use, and obtain communication of at his cost for the purposes of the Contract.
- The Contractor must disclose confidential information as required by the Engineer to verify compliance with the Contract.
- The Engineer's assistant's acts have the same effect as the Engineer's acts, but the Contractor has the right to question any determination or instruction of an assistant and refer the matter to the Engineer.
- The Engineer may issue necessary instructions to the Contractor, who must comply with them and take instructions only from the Engineer or a delegated assistant, with Variations subject to Clause 13.
- If the Employer intends to replace the Engineer, they must give notice to the Contractor at least 42 days before the intended date of replacement and not replace the Engineer against whom the Contractor raises reasonable objection.
- The Engineer must consult with each Party in an endeavor to reach agreement on matters where the Engineer is required to agree or determine, and then make a fair determination in accordance with the Contract.
- The Contractor is obligated to design, execute, and complete the Works in accordance with the Contract, ensuring the Works are fit for their intended purposes and providing necessary personnel, goods, and services.
- The Contractor must provide any necessary Temporary Works for the use and protection of the public and adjacent landowners due to the execution of the Works.
- The Contractor is required to institute a quality assurance system to demonstrate compliance with the Contract, which the Engineer is entitled to audit.
- Details of all procedures and compliance documents must be submitted to the Engineer for information before each design and execution stage is commenced.
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