Podcast
Questions and Answers
Who is responsible for each item of Employer’s Equipment while the Contractor’s Personnel is using it?
Who is responsible for each item of Employer’s Equipment while the Contractor’s Personnel is using it?
- The Engineer
- The Employer
- The Specification
- The Contractor (correct)
What must the Employer do if Employer-Supplied Materials and/or Employer’s Equipment are listed in the Specification for the Contractor’s use?
What must the Employer do if Employer-Supplied Materials and/or Employer’s Equipment are listed in the Specification for the Contractor’s use?
- Inform the Engineer
- Make them available to the Contractor as per the details in the Specification (correct)
- Keep them for personal use
- Sell them to the Contractor
Who appoints the Engineer and what qualifications should the Engineer have?
Who appoints the Engineer and what qualifications should the Engineer have?
- The Specification; suitable qualifications and experience
- The Engineer; no specific qualifications required
- The Employer; suitable qualifications, experience, and competence (correct)
- The Contractor; suitable qualifications, experience, and competence
When does the authority of the Engineer take effect?
When does the authority of the Engineer take effect?
What language should the Engineer be fluent in?
What language should the Engineer be fluent in?
Who should be notified of the natural person appointed to act on behalf of the Engineer if the Engineer is a legal entity?
Who should be notified of the natural person appointed to act on behalf of the Engineer if the Engineer is a legal entity?
When carrying out duties or exercising authority, how should the Engineer act?
When carrying out duties or exercising authority, how should the Engineer act?
Who should be informed of any revocation of the authority of the Engineer?
Who should be informed of any revocation of the authority of the Engineer?
Under what conditions shall the Engineer act as the Engineer under the Contract?
Under what conditions shall the Engineer act as the Engineer under the Contract?
In a Joint Venture, who is liable to the Employer for the Contractor’s obligations?
In a Joint Venture, who is liable to the Employer for the Contractor’s obligations?
What happens if the Employer’s failure to obtain permits causes delay or cost to the Contractor?
What happens if the Employer’s failure to obtain permits causes delay or cost to the Contractor?
What is the Contractor prohibited from doing without the Employer’s prior consent?
What is the Contractor prohibited from doing without the Employer’s prior consent?
What limits the total liability of the Contractor to the Employer?
What limits the total liability of the Contractor to the Employer?
What must the Contractor provide to allow the Employer to obtain necessary permits, permissions, licenses, and approvals?
What must the Contractor provide to allow the Employer to obtain necessary permits, permissions, licenses, and approvals?
What must the Contractor do if required by laws, indemnifying the Employer for any failure to do so?
What must the Contractor do if required by laws, indemnifying the Employer for any failure to do so?
When can the Employer claim additional costs from the Contractor?
When can the Employer claim additional costs from the Contractor?
What must the Employer do if required to give possession of any foundation, structure, plant, or means of access?
What must the Employer do if required to give possession of any foundation, structure, plant, or means of access?
Under what circumstances is the Contractor entitled to an Extension of Time (EOT) and/or payment of Cost Plus Profit?
Under what circumstances is the Contractor entitled to an Extension of Time (EOT) and/or payment of Cost Plus Profit?
What must the Employer do if there are material changes in its financial arrangements for fulfilling its obligations under the Contract?
What must the Employer do if there are material changes in its financial arrangements for fulfilling its obligations under the Contract?
What must the Employer provide to the Contractor if not readily available?
What must the Employer provide to the Contractor if not readily available?
What must the Employer make available to the Contractor regarding the Site?
What must the Employer make available to the Contractor regarding the Site?
What is the Contractor entitled to request if instructed to execute a Variation with a price greater than ten percent of the Accepted Contract Amount?
What is the Contractor entitled to request if instructed to execute a Variation with a price greater than ten percent of the Accepted Contract Amount?
What must the Employer provide to the Contractor regarding the survey control points, lines, and levels of reference specified on the Drawings or in the Specification?
What must the Employer provide to the Contractor regarding the survey control points, lines, and levels of reference specified on the Drawings or in the Specification?
Who retains the copyright and other intellectual property rights in the Specification and Drawings?
Who retains the copyright and other intellectual property rights in the Specification and Drawings?
Under what circumstances can the Contractor copy, use, and communicate the Employer's documents?
Under what circumstances can the Contractor copy, use, and communicate the Employer's documents?
What must the Contractor do in order to verify compliance with the Contract?
What must the Contractor do in order to verify compliance with the Contract?
What is the Contractor prohibited from doing without the Employer’s prior consent?
What is the Contractor prohibited from doing without the Employer’s prior consent?
Who should the Contractor notify if the Engineer is a legal entity?
Who should the Contractor notify if the Engineer is a legal entity?
What is the Contractor entitled to request if instructed to execute a Variation with a price greater than ten percent of the Accepted Contract Amount?
What is the Contractor entitled to request if instructed to execute a Variation with a price greater than ten percent of the Accepted Contract Amount?
What must the Employer do if there are material changes in its financial arrangements for fulfilling its obligations under the Contract?
What must the Employer do if there are material changes in its financial arrangements for fulfilling its obligations under the Contract?
Who retains the copyright and other intellectual property rights in the Specification and Drawings?
Who retains the copyright and other intellectual property rights in the Specification and Drawings?
Under what circumstances can the Contractor copy, use, and communicate the Employer's documents?
Under what circumstances can the Contractor copy, use, and communicate the Employer's documents?
When can the Contractor disclose confidential information to the Engineer?
When can the Contractor disclose confidential information to the Engineer?
Who has the authority to permit the copying, use, or communication of the Employer's documents to a third party?
Who has the authority to permit the copying, use, or communication of the Employer's documents to a third party?
How should the Contractor treat the documents forming the Contract?
How should the Contractor treat the documents forming the Contract?
What is the Contractor's obligation regarding the Employer's confidential and other information?
What is the Contractor's obligation regarding the Employer's confidential and other information?
Under what circumstances can the Employer use the Contractor's Documents without prior consent?
Under what circumstances can the Employer use the Contractor's Documents without prior consent?
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Study Notes
Contract Conditions for Construction
- Termination of the Contract under any Sub-Clause of these Conditions requires no action by either Party other than as stated in the Sub-Clause.
- The Employer must give the Contractor right of access to, and possession of, all parts of the Site within the specified time in the Contract Data, and this right may not be exclusive to the Contractor.
- If the Employer is required to give possession of any foundation, structure, plant, or means of access, it must do so in the time and manner stated in the Specification, withholding it until the Performance Security has been received.
- If the Employer fails to give possession within the required time, resulting in delay or cost to the Contractor, the Contractor is entitled to an Extension of Time (EOT) and/or payment of such Cost Plus Profit, subject to certain conditions.
- The Employer must provide reasonable assistance to the Contractor upon request, allowing the Contractor to obtain necessary conditions.
- The Employer is responsible for ensuring that its Personnel and other contractors on or near the Site cooperate with the Contractor’s efforts and comply with specific obligations.
- The Contractor may require the Employer to remove any person of the Employer’s Personnel or other contractors engaged in corrupt, fraudulent, collusive, or coercive practice.
- The Employer’s financial arrangements for fulfilling its obligations under the Contract must be detailed in the Contract Data, and any material changes must be immediately notified to the Contractor.
- The Contractor may request evidence of the Employer’s financial arrangements if instructed to execute a Variation with a price greater than ten percent of the Accepted Contract Amount, among other conditions.
- The Employer must provide copies of relevant laws, permits, permissions, licenses, or approvals required by the Laws of the Country to the Contractor if not readily available.
- The Employer must make available all relevant data on the topography of the Site and on sub-surface, hydrological, climatic, and environmental conditions at the Site to the Contractor.
- The original survey control points, lines, and levels of reference specified on the Drawings or in the Specification must be made available to the Contractor by the Employer.
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