S 99 - 2

Podcast Beta

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What action must the Contractor take if the appointed Contractor's Representative fails to act?

Withhold the submission of a new appointment

Appoint a replacement without the consent of the Employer

Revoke the appointment of the Contractor's Representative without consent

Submit the name and particulars of another suitable person for appointment (correct)

What is required for the Contractor to revoke the appointment of the Contractor's Representative?

Prior consent of the Employer (correct)

Notification to the Engineer

Approval from the Subcontractors

Written agreement from the Employer

What is the role of the Contractor's Representative regarding instructions under Sub-Clause 3.4 [Instructions]?

Issue instructions to the Employer

Reject instructions from the Employer

Approve instructions from Subcontractors

Receive instructions on behalf of the Contractor (correct)

What action is permissible for the Contractor's Representative regarding delegation of powers and authority?

Delegate powers and authority to any competent person Signup and view all the answers

When does the delegation or revocation of powers by the Contractor's Representative take effect?

After the Employer has received prior notice Signup and view all the answers

What language proficiency is required for the Contractor's Representative and all appointed persons?

Fluency in the language for communications defined in Sub-Clause 1.4 [Law and Language] Signup and view all the answers

Under what circumstance can the Contractor subcontract the whole of the Works?

No circumstance allows subcontracting the whole of the Works Signup and view all the answers

What is the Contractor responsible for in terms of the design of the Works?

The accuracy of the Employer's Requirements Signup and view all the answers

During which period may the Contractor retain Goods on the Site?

Defects Notification Period Signup and view all the answers

Under what circumstances is the Employer responsible for dealing with findings of geological or archaeological interest?

After receiving a notice from the Contractor Signup and view all the answers

What action should the Contractor take upon discovery of any findings of geological or archaeological interest?

Promptly give notice to the Employer Signup and view all the answers

What should the Contractor do if suffering delay and/or incurring cost from complying with the instructions for dealing with findings of geological or archaeological interest?

Give a further notice to the Employer Signup and view all the answers

What is the Contractor obligated to do upon the issue of the Taking-Over Certificate for the Works?

Clear away and remove all Contractor's Equipment, surplus material, wreckage, rubbish, and Temporary Works Signup and view all the answers

What is the Contractor's responsibility regarding the Site and the Works upon completion?

Leave the Site and the Works in a clean and safe condition Signup and view all the answers

Who should the Contractor notify upon discovery of any findings of geological or archaeological interest?

The Employer Signup and view all the answers

What is the Contractor responsible for regarding fossils found on the Site?

Placing them under the care and authority of the Employer Signup and view all the answers

What is the contractor responsible for in terms of access routes to the site?

Ensuring the suitability and availability of access routes Signup and view all the answers

What is the contractor responsible for in relation to the environment?

Taking reasonable steps to protect the environment and limit damage and nuisance Signup and view all the answers

What are the contractor's obligations regarding the employer's equipment?

Using the employer's equipment with defined responsibilities and payment terms Signup and view all the answers

What must the contractor do in terms of goods delivery and protection?

Give the employer notice of goods delivery and protect all goods required for the works Signup and view all the answers

What is the contractor responsible for in terms of contractor's equipment at the site?

Being responsible for all contractor's equipment brought to the site and deemed exclusively for the execution of the works Signup and view all the answers

What is the contractor responsible for in terms of power, water, and services?

Providing power, water, and other services required for the works, except as stated otherwise Signup and view all the answers

What must the contractor do to confine their operations?

Confine operations to the site and additional agreed working areas, with necessary precautions to keep equipment and personnel within these areas Signup and view all the answers

What is the Contractor responsible for in the case of acts or defaults of any Subcontractor?

The acts or defaults of any Subcontractor are considered the acts or defaults of the Contractor. Signup and view all the answers

What is the Contractor's obligation regarding the appointment of a Subcontractor?

The Contractor must give the Employer at least 28 days' notice of the intended appointment of the Subcontractor, with detailed particulars. Signup and view all the answers

What is a 'Nominated Subcontractor' and the Contractor's right concerning it?

A subcontractor instructed by the Employer, and the Contractor can object to employing a nominated Subcontractor with reasonable grounds. Signup and view all the answers

What responsibility does the Contractor have towards the Employer's Personnel, other contractors, and personnel of public authorities?

The Contractor must allow appropriate opportunities for carrying out work to the mentioned parties. Signup and view all the answers

What is the Contractor responsible for in terms of setting out the Works?

The Contractor is responsible for setting out the Works and rectifying any errors in the positions, levels, dimensions, or alignment of the Works. Signup and view all the answers

What obligation does the Contractor have regarding safety measures?

The Contractor must comply with all applicable safety regulations, take care of the safety of all persons on the Site, and provide necessary safety measures. Signup and view all the answers

What is the Contractor responsible for regarding a quality assurance system?

The Contractor must institute a quality assurance system in compliance with the Contract, subject to audit by the Employer, and submit all procedures and compliance documents before each design and execution stage. Signup and view all the answers

Study Notes

Contractor's Responsibilities and Obligations under EPC/Turnkey Projects

The Contractor is held responsible for the acts or defaults of any Subcontractor, his agents or employees, as if they were the acts or defaults of the Contractor.
The Contractor must give the Employer at least 28 days' notice of the intended appointment of the Subcontractor, with detailed particulars including relevant experience and the intended commencement of work.
"Nominated Subcontractor" is a subcontractor instructed by the Employer, and the Contractor can object to employing a nominated Subcontractor with reasonable grounds.
The Contractor must allow appropriate opportunities for carrying out work to the Employer's Personnel, other contractors employed by the Employer, and personnel of any legally constituted public authorities.
The Contractor must co-ordinate his activities with those of other contractors, and if required to take possession of any foundation, structure, or means of access, submit documents to the Employer in the specified time and manner.
The Contractor is responsible for setting out the Works and rectifying any errors in the positions, levels, dimensions, or alignment of the Works.
The Contractor must comply with all applicable safety regulations, take care of the safety of all persons on the Site, and provide necessary safety measures.
The Contractor must institute a quality assurance system in compliance with the Contract, subject to audit by the Employer, and submit all procedures and compliance documents before each design and execution stage.
The Employer must make available all relevant data on subsurface and hydrological conditions at the Site to the Contractor for his information.
The Contractor is responsible for verifying and interpreting all data made available by the Employer and is deemed to have satisfied himself as to the correctness and sufficiency of the Contract Price.
The Contractor is responsible for foreseeing all difficulties and costs of successfully completing the Works, and the Contract Price shall not be adjusted to account for any unforeseen difficulties or costs.
The Employer shall have no responsibility for the accuracy, sufficiency, or completeness of the data made available to the Contractor, except as stated in Sub-Clause 5.1 [General Design Responsibilities].

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz covers the essential responsibilities and obligations of contractors in EPC/Turnkey projects, including subcontractor appointment, coordination with other parties, safety regulations compliance, and quality assurance systems. Test your understanding of the contractor's role in managing work, personnel, and data in such projects.