Podcast
Questions and Answers
What risk allocation is unique to the Emerald Book compared to the other FIDIC Books?
What risk allocation is unique to the Emerald Book compared to the other FIDIC Books?
- Remeasure of time for completion for Underground Works using Schedule of Baselines (correct)
- Lump-sum for other Works with no option for partial remeasure
- Remeasure of price for 'Excavation & Lining Works' using BQ
- BQ included as a 'Schedule' with quantities produced by Employer & rates by Contractor
Which book allows for the conversion to a full lump-sum approach with no option for partial remeasure?
Which book allows for the conversion to a full lump-sum approach with no option for partial remeasure?
- Red (2017)
- Emerald (2019) (correct)
- Yellow (2017)
- Silver (2017)
What is a unique feature of the Silver Book's Quantity Risk allocation?
What is a unique feature of the Silver Book's Quantity Risk allocation?
- Remeasure of price for 'Excavation & Lining Works' using BQ
- Lump-sum Option with provision to convert to a full lump-sum approach
- BQ included as a 'Schedule' with quantities produced by Employer & rates by Contractor
- Quantities in SRP 'used for the purposes stated', not 'corrected' (correct)
Which book allows for the valuation of Variations as 'Cost Plus Profit' if there is no 'Schedule of Rates and Prices'?
Which book allows for the valuation of Variations as 'Cost Plus Profit' if there is no 'Schedule of Rates and Prices'?
According to the YB Guidance Notes, when is the Contractor responsible for verifying and interpreting Employer’s information?
According to the YB Guidance Notes, when is the Contractor responsible for verifying and interpreting Employer’s information?
What is the duration of defects liability according to the YB Guidance Notes?
What is the duration of defects liability according to the YB Guidance Notes?
Under what circumstances is neither Party liable for loss of profit or consequential loss according to the YB Guidance Notes?
Under what circumstances is neither Party liable for loss of profit or consequential loss according to the YB Guidance Notes?
When does the Contractor get EOT/Cost for Unforeseeable physical conditions at the Site according to the YB Guidance Notes?
When does the Contractor get EOT/Cost for Unforeseeable physical conditions at the Site according to the YB Guidance Notes?
What is the general carve-outs for liability according to the YB Guidance Notes?
What is the general carve-outs for liability according to the YB Guidance Notes?
Under what circumstances is the total liability of Contractor limited according to the YB Guidance Notes?
Under what circumstances is the total liability of Contractor limited according to the YB Guidance Notes?
What is the responsibility of the Employer according to the YB Guidance Notes?
What is the responsibility of the Employer according to the YB Guidance Notes?
When is 1.9 applied according to the YB Guidance Notes?
When is 1.9 applied according to the YB Guidance Notes?
What provision is required if the Employer and Contractor want to use the Remeasure Option for part of the Works?
What provision is required if the Employer and Contractor want to use the Remeasure Option for part of the Works?
What is the basis for Interim Payment?
What is the basis for Interim Payment?
When does the Contractor have the option for a 'Schedule of Payments' for Interim Payment?
When does the Contractor have the option for a 'Schedule of Payments' for Interim Payment?
Under what circumstances is the contract price not fixed?
Under what circumstances is the contract price not fixed?
Who is responsible for designing the Permanent Works?
Who is responsible for designing the Permanent Works?
What is the Employer's responsibility regarding the accuracy of the Employer's Requirements?
What is the Employer's responsibility regarding the accuracy of the Employer's Requirements?
What remains the Contractor's obligation even if the Contractor designs Works to the extent specified in the ER?
What remains the Contractor's obligation even if the Contractor designs Works to the extent specified in the ER?
When are Special Provisions needed for interim payment?
When are Special Provisions needed for interim payment?
What may the Contractor not be entitled to if provided late?
What may the Contractor not be entitled to if provided late?
Who is liable for loss to the Works due to Employer design error?
Who is liable for loss to the Works due to Employer design error?
What forms part of the Contract and needs to be complied with?
What forms part of the Contract and needs to be complied with?
Is the Contractor's risk for design error reduced by design review by the Engineer?
Is the Contractor's risk for design error reduced by design review by the Engineer?
Study Notes
Construction Contract Provisions Summary
- Employer and Contractor can use the Remeasure Option for "part of the Works" but Special Provisions are required (14.1).
- BQ must adhere to SMM in CD (13.8.1) with errors effectively corrected.
- Interim Payment has the option of a "Schedule of Payments" and is based on actual progress (14.4).
- Fixed price unless "Schedule of cost indexation" is included (13.7).
- Contractor designs Permanent Works and is responsible for fit for purpose (4.1, 5th para).
- Employer is not responsible for accuracy of the Employer's Requirements except for certain 'rely upon information' (5.1).
- Contractor designs Works ‘to the extent specified in the ER’ (5.1) with a full ‘fit for purpose’ obligation remaining (4.1).
- Special Provisions needed for interim payment if no SOP; no measurement provision in GC for 'measure and value' approach.
- Contractor may not be entitled to EOT/Cost Plus Profit if provided late (Yellow 2017).
- Contractor liable for loss to the Works due to Employer design error (17).
- "Contractor's Proposal" forms part of the Contract and needs to be complied with (4.1, 3rd para).
- Contractor's risk for design error is not reduced by design review by the Engineer (5.8 and 3.2, 5th para).
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Description
This quiz provides a summary of important provisions in a construction contract, covering topics such as remeasure options, bill of quantities adherence, interim payments, fixed price vs. cost indexation, design responsibilities, and entitlements for extension of time and cost plus profit. Test your knowledge of key contractual clauses and their implications.
