21 Questions
What does 'GCs' refer to in the given text?
General Conditions of Dispute Avoidance/Adjudication Agreement
What is the meaning of 'DAAB' in the context of the text?
Dispute Avoidance/Adjudication Board
What is included in 'DAAB’s Activities' as per the text?
Informal Assistance, meetings, Site visits, hearings and decisions
What does 'DAAB Rules' refer to in the text?
DAAB Procedural Rules published by FIDIC
What is the meaning of 'Informal Assistance' in the context of the text?
Informal assistance given by the DAAB to the Parties when requested jointly
What does the 'Term of the DAAB' refer to in the text?
The period starting on the Effective Date
What does 'DAA Agreement' refer to in the context of the text?
Dispute Avoidance/Adjudication Agreement
When does the DAA Agreement take effect?
On the date when the Employer, the Contractor, and the DAAB Member have each signed the DAA Agreement
What is the definition of 'Notification' as per the General Conditions?
A notice in writing given under the General Conditions
What happens if the DAAB Member does not receive a notice within 182 days after entering into the DAA Agreement?
The DAA Agreement becomes void and ineffective
What is the DAAB Member prohibited from doing under the General Obligations?
Solicit, accept or receive any gift, gratuity, commission or other thing of value from the Employer or the Contractor
What is the consequence if the DAAB Member becomes aware of any fact or circumstance that might call into question his/her independence or impartiality?
The DAAB Member must immediately disclose it in writing to the Parties and the Other Members
What is the mode of delivery for Notifications as per the General Provisions?
Delivered by hand (against receipt), or sent by mail or courier (against receipt), or transmitted using the system of electronic transmission
What is the DAAB Member's responsibility regarding the interpretation of construction and/or engineering contract documentation?
Experienced in the interpretation of construction and/or engineering contract documentation
What is the maximum duration of time that a DAAB Member should not have been employed by the employer or contractor?
10 years
What is the primary exception for DAAB Members to have a financial interest in the contract or project?
Payment under the DAA Agreement
What is the primary responsibility of the parties regarding the general conditions and rules relevant to the DAAB's activities?
To comply with the rules
What is the primary requirement for parties regarding confidentiality under the DAAB rules?
To maintain confidentiality regarding contract details and DAAB activities
What is the primary duty of DAAB Members concerning their availability during their term?
To attend all meetings, site visits, and hearings
What is the restriction placed on DAAB Members regarding employment during their term?
They cannot be employed by or enter into discussions regarding future employment with the involved parties
What is the requirement if a DAAB member is replaced during their term?
Disclose details of the contract, documents provided under the DAAB rules, and previous DAAB activities
Study Notes
General Conditions for DAAB Members
- DAAB Members must have no financial interest in the contract or project, except for payment under the DAA Agreement.
- DAAB Members must not have any interest in the employer, contractor, or their personnel, and should not have been employed by them in the past ten years.
- DAAB Members must disclose any existing or past relationships with the involved parties and any circumstances that may compromise their independence or impartiality.
- During their term, DAAB Members cannot be employed by or enter into discussions regarding future employment with the involved parties.
- DAAB Members should only advise on contract conduct as necessary for their DAAB activities.
- DAAB Members must be available for all meetings, site visits, and hearings during their term.
- DAAB Members must remain knowledgeable about the contract and the project, including studying all relevant documents.
- Parties are responsible for complying with the general conditions and rules relevant to the DAAB's activities.
- Parties are required to cooperate in constituting the DAAB without delay and provide informal assistance when jointly requested.
- Parties must maintain confidentiality regarding the contract details, all DAAB activities, and documents provided under the DAAB rules.
- If a DAAB member is replaced, details of the contract, documents provided under the DAAB rules, and previous DAAB activities must be disclosed to the replacement member as necessary.
- The parties must undertake and indemnify to fulfill their duties and exercise any right or entitlement under the contract, the general conditions, and the DAAB rules.
This quiz covers the general conditions and requirements for members of the Dispute Adjudication Board (DAAB) regarding their independence, disclosure of relationships, employment restrictions, knowledge, availability, confidentiality, and parties' responsibilities.
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