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Questions and Answers
What becomes the property of the Employer when paid for by the Employer?
What becomes the property of the Employer when paid for by the Employer?
- Cost of any other liability reasonably incurred by the Contractor
- Cost of Plant and Materials ordered for the Works (correct)
- Cost of removal of Temporary Works and Contractor’s Equipment
- Cost of repatriation of the Contractor’s staff and labour
Under what circumstances does the Cost of Plant and Materials become the property of the Employer?
Under what circumstances does the Cost of Plant and Materials become the property of the Employer?
- When paid for by the Employer (correct)
- When delivered to the Contractor
- When the Works are completed
- When the Contractor places them at the Employer's disposal
What is included in the amounts payable for any work carried out for which a price is stated in the Contract?
What is included in the amounts payable for any work carried out for which a price is stated in the Contract?
- Cost of Plant and Materials ordered for the Works (correct)
- Cost of any other liability reasonably incurred by the Contractor
- Cost of removal of Temporary Works and Contractor’s Equipment
- Cost of repatriation of the Contractor’s staff and labour
What does the Contractor become liable to accept delivery of?
What does the Contractor become liable to accept delivery of?
What does the Contractor become liable for when the Cost of Plant and Materials are delivered to the Contractor?
What does the Contractor become liable for when the Cost of Plant and Materials are delivered to the Contractor?
What does the Contractor become liable for when the Cost of Plant and Materials are paid for by the Employer?
What does the Contractor become liable for when the Cost of Plant and Materials are paid for by the Employer?
What does the Contractor become liable for in connection with the Works at the date of termination?
What does the Contractor become liable for in connection with the Works at the date of termination?
When does the time limit for agreement under Sub-Clause 3.7.3 commence?
When does the time limit for agreement under Sub-Clause 3.7.3 commence?
Who is responsible for effecting and maintaining all insurances required under the Contract?
Who is responsible for effecting and maintaining all insurances required under the Contract?
What happens if the Contractor fails to maintain required insurances?
What happens if the Contractor fails to maintain required insurances?
What is the responsibility of the Contractor regarding insurance policies?
What is the responsibility of the Contractor regarding insurance policies?
In case of an event outside the Parties' control, what may happen to the performance of the Contract?
In case of an event outside the Parties' control, what may happen to the performance of the Contract?
What are the deductible limits in any policy not allowed to exceed?
What are the deductible limits in any policy not allowed to exceed?
Until when must the insurance cover continue for the Works and Contractor’s Documents, Materials, and Plant?
Until when must the insurance cover continue for the Works and Contractor’s Documents, Materials, and Plant?
If a claiming Party fails to give a Notice of Claim within 28 days, what is the consequence?
If a claiming Party fails to give a Notice of Claim within 28 days, what is the consequence?
When should the claiming Party give a Notice of Claim?
When should the claiming Party give a Notice of Claim?
In the case of a Claim under sub-paragraph (c), what should the claiming Party do if the other Party or the Engineer has disagreed with the requested entitlement or relief?
In the case of a Claim under sub-paragraph (c), what should the claiming Party do if the other Party or the Engineer has disagreed with the requested entitlement or relief?
What is the consequence of the Engineer not responding within a reasonable time to a Claim referred to them?
What is the consequence of the Engineer not responding within a reasonable time to a Claim referred to them?
Under what conditions would the Contract Price be reduced?
Under what conditions would the Contract Price be reduced?
What is the purpose of Sub-Clause 20.2 [Claims For Payment and/or EOT]?
What is the purpose of Sub-Clause 20.2 [Claims For Payment and/or EOT]?
If the claiming Party becomes aware of a disagreement (or deemed disagreement), when should they give a Notice to the Engineer?
If the claiming Party becomes aware of a disagreement (or deemed disagreement), when should they give a Notice to the Engineer?
What is the consequence of the claiming Party failing to give a Notice of Claim within 28 days?
What is the consequence of the claiming Party failing to give a Notice of Claim within 28 days?
What should the claiming Party include in the Notice referred to the Engineer in case of a disagreement?
What should the claiming Party include in the Notice referred to the Engineer in case of a disagreement?
What insurance must the Contractor maintain until they are no longer needed for the Works?
What insurance must the Contractor maintain until they are no longer needed for the Works?
What is the Contractor entitled to if the Employer delays or prevents the Contractor's work?
What is the Contractor entitled to if the Employer delays or prevents the Contractor's work?
What insurance is required for liabilities arising from the execution of the Works in respect of injury, sickness, disease, or death of any person employed by the Contractor?
What insurance is required for liabilities arising from the execution of the Works in respect of injury, sickness, disease, or death of any person employed by the Contractor?
What insurance cover must include an additional 15% of the replacement value for additional costs?
What insurance cover must include an additional 15% of the replacement value for additional costs?
What insurance is required if the Contractor is responsible for the design of part of the Permanent Works?
What insurance is required if the Contractor is responsible for the design of part of the Permanent Works?
What insurance must the Contractor provide at their own cost according to the Laws of the countries where the Works are being carried out?
What insurance must the Contractor provide at their own cost according to the Laws of the countries where the Works are being carried out?
What insurance must the Contractor maintain until the issue of the Performance Certificate?
What insurance must the Contractor maintain until the issue of the Performance Certificate?
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Study Notes
Construction Insurance Requirements
- The insurance cover must include loss and damage of any part of the Works due to failure of elements defectively designed or constructed with defective material or workmanship, plus an additional 15% of the replacement value for additional costs.
- The Contractor is required to insure the Goods and other items brought to the Site for their full replacement value, including delivery to the Site, and maintain this insurance until they are no longer needed for the Works.
- If the Contractor is responsible for the design of part of the Permanent Works, they must maintain professional indemnity insurance against liability arising from any act, error, or omission in carrying out their design obligations.
- The Contractor must also maintain insurance against liabilities for death or injury to any person, or loss of or damage to any property (other than the Works) arising from the Contract performance until the issue of the Performance Certificate.
- Insurance against liability for claims, damages, losses, and expenses arising from the execution of the Works in respect of injury, sickness, disease, or death of any person employed by the Contractor or any of the Contractor’s personnel is required.
- The Contractor must provide all other insurances required by the Laws of the countries where the Works are being carried out at their own cost.
- The Contractor shall also indemnify the Contractor against liability arising out of any act, error, or omission in carrying out the Contractor’s design obligations under the Contract that results in the Works not being fit for their intended purpose.
- A Claim may arise due to a dispute or difference of opinion between the Parties, or from an event or circumstance.
- The Contract sets out the procedure for the notification, submission, and determination of Claims.
- The Contractor is entitled to an extension of time for completion and/or any additional payment due to the Employer's delay or prevention of the Contractor's work.
- The Employer is entitled to recover any loss or damage caused by the Contractor's failure to fulfill their obligations under the Contract.
- The Contract specifies the procedure for the notification, submission, and determination of Claims and the applicable time limits.
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