R 2017 - 11

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Questions and Answers

According to the text, when can the Engineer require any part of the Works to be measured on Site?

When the Engineer deems it necessary without prior notice

When the Engineer gives a Notice to the Contractor of not less than 7 days (correct)

When the Contractor requests measurement on Site

When the Engineer and Contractor reach an agreement

What happens if the Contractor fails to attend or send a representative for measurement on Site as stated in the Engineer's Notice?

The measurement will be deemed inaccurate

The measurement made by (or on behalf of) the Engineer shall be deemed to have been made in the Contractor's presence (correct)

The Engineer will proceed with the measurement without the Contractor's presence

The measurement will be postponed to a later date

When is the Contractor deemed to have accepted the records for measurement from records as accurate?

If the Engineer and Contractor reach an agreement

If the Engineer prepares the records

If the Contractor attends the measurement on Site

If the Contractor fails to attend or send a representative at the specified time and place (correct)

What should the Contractor do if they believe the measurement on Site or records are inaccurate?

Give a Notice to the Engineer setting out the reasons why the Contractor considers the measurement inaccurate Signup and view all the answers

What is the consequence if the Contractor does not give a Notice to the Engineer regarding the inaccurate measurement?

The Contractor shall be deemed to have accepted the measurement as accurate Signup and view all the answers

Who is responsible for leaving the Site and the Works in the condition stated in the Specification?

The Contractor Signup and view all the answers

When can the Engineer require any part of the Works to be measured from records?

When the Engineer has prepared the records for such a part Signup and view all the answers

What happens if the Contractor attends the measurement on Site or examines the measurement records but cannot reach an agreement with the Engineer?

The Contractor shall give a Notice to the Engineer stating the reasons for considering the measurement inaccurate Signup and view all the answers

Who is responsible for preparing the records for measurement from records?

The Engineer Signup and view all the answers

According to Sub-Clause 11.3, under what circumstances is the Employer entitled to an extension of the Defects Notification Period (DNP)?

If the Works, Section, Part, or a major item of Plant cannot be used for the intended purpose due to a defect or damage attributable to specified matters. Signup and view all the answers

According to Sub-Clause 11.3, what is the maximum extension period allowed for the Defects Notification Period (DNP)?

Two years after the expiry of the DNP stated in the Contract Data. Signup and view all the answers

Under what circumstances do the Contractor's obligations under Sub-Clause 11.3 not apply?

When the cause of suspension is the responsibility of the Contractor. Signup and view all the answers

What is the condition for the Contractor's obligations to not apply under Sub-Clause 11.3?

Defects or damage occurring more than two years after the DNP for the Works has expired. Signup and view all the answers

Under what circumstances can the Employer request an extension of the Defects Notification Period (DNP) according to Sub-Clause 11.3?

If the Works, Section, Part, or a major item of Plant cannot be used for the intended purpose due to a defect or damage attributable to specified matters. Signup and view all the answers

In what situation is the Contractor relieved from their obligations under Sub-Clause 11.3?

When the cause of suspension is the responsibility of the Contractor. Signup and view all the answers

What is the maximum period by which the Defects Notification Period (DNP) can be extended?

Two years after the expiry of the DNP stated in the Contract Data. Signup and view all the answers

What happens if the Employer fails to respond to the Contractor's access request within 7 days?

It is deemed to have given consent to the Contractor's access on the preferred date Signup and view all the answers

What is the consequence of the Contractor incurring additional costs due to unreasonable delay by the Employer in permitting access?

The Contractor is entitled to payment of such costs plus profit Signup and view all the answers

When does the Performance Certificate signify completion of the Contractor's obligations under the Contract?

Within 28 days after the latest of the Defects Notification Periods Signup and view all the answers

What happens if the Contractor fails to remove equipment, surplus material, and Temporary Works from the Site after the Performance Certificate is issued?

The Employer may sell or dispose of remaining items or reinstate and clean the Site at the Contractor's cost Signup and view all the answers

Under what circumstances is the Contractor entitled to payment of the cost of the search for a defect?

If the defect is not to be remedied at the cost of the Contractor Signup and view all the answers

What is the deadline for the Employer to respond to the Contractor's request for access to any part of the Works?

Within 7 days Signup and view all the answers

What is the timeframe for the Contractor's right of access to the Works after the Performance Certificate is issued?

Until 28 days after the Performance Certificate is issued Signup and view all the answers

In case the Contractor fails to remedy the defect or damage by the date stated in the Notice, what action may the Employer take?

Carry out the work or have the work carried out by others at the Contractor’s cost Signup and view all the answers

What can the Employer do if the defect or damage deprives the Employer of substantially the whole benefit of the Works?

Terminate the Contract as a whole with immediate effect Signup and view all the answers

What is the purpose of the Notice given to the Contractor by the Employer in case of unduly delayed remedial work?

To allow the Contractor reasonable time to remedy the defect or damage Signup and view all the answers

What is the consequence of the Contractor failing to comply with any other obligation under the Contract?

The Employer may carry out the work at the Contractor’s cost Signup and view all the answers

When can the Employer require the Contractor to increase the amount of the Performance Security?

As a condition of giving consent to remove the defective or damaged Plant off the Site Signup and view all the answers

What is the consequence of the Contractor failing to give a Notice within 7 days after the defect or damage is remedied?

The Engineer may instruct the repeated tests at the risk and cost of the Contractor Signup and view all the answers

What happens if the Contractor requests consent to remove the defective or damaged Plant off the Site for repair?

The Contractor may remove the defective or damaged Plant from the Site Signup and view all the answers

If the Contractor delays completion of outstanding works or remedying defects, what right does the Employer have?

Set a date for the remedy, providing the Contractor with a reasonable time to fix the issue Signup and view all the answers

What action can the Employer take if the Contractor fails to remedy the defect by the stated date?

Carry out the work at the Contractor's cost and receive payment for the costs incurred Signup and view all the answers

What can the Contractor do if the defective plant cannot be repaired expeditiously on-site?

Request consent to remove it for repair, providing specific details Signup and view all the answers

What must the Contractor do before removing the defective plant from the site?

Give notice of the proposed testing of the remedied works Signup and view all the answers

Under what circumstances can the Engineer instruct repeated tests at the cost of the liable party?

If the Contractor fails to give notice of the proposed testing of the remedied works Signup and view all the answers

What happens if the Employer accepts the damaged work?

Receives a reduction in the contract price Signup and view all the answers

What is the consequence of the Contractor failing to give notice within 7 days after the defect or damage is remedied?

The Engineer can instruct repeated tests at the cost of the Contractor Signup and view all the answers

Study Notes

Contractor's Rights of Access and Obligations after Taking Over

The Contractor has the right of access to the Works until 28 days after the Performance Certificate is issued, subject to the Employer's security restrictions.
The Contractor must request access to any part of the Works by giving a Notice to the Employer, describing the parts to be accessed, reasons for access, and preferred date.
The Employer must respond within 7 days, either consenting to the request or proposing reasonable alternative dates with reasons.
If the Employer fails to respond within 7 days, it is deemed to have given consent to the Contractor's access on the preferred date.
If the Contractor incurs additional costs due to unreasonable delay by the Employer in permitting access, it is entitled to payment of such costs plus profit.
The Contractor must search for the cause of any defect if instructed by the Engineer and carry out the search on specified dates.
After remedying any defect or damage, the Contractor must inform the Engineer and propose repeated tests, to which the Engineer must respond within 7 days.
If the defect is not to be remedied at the cost of the Contractor, the Contractor is entitled to payment of the cost of the search.
The Performance Certificate, issued by the Engineer within 28 days after the latest of the Defects Notification Periods, signifies completion of the Contractor's obligations under the Contract.
After the Performance Certificate is issued, both Parties remain liable for unperformed obligations; the Contractor is not liable for defects or damage to Plant occurring more than two years after the Plant's Defects Notification Period.
The Contractor must remove equipment, surplus material, wreckage, rubbish, and Temporary Works from the Site after the Performance Certificate is issued.
If the Contractor fails to comply with the Site clearance obligations, the Employer may sell or dispose of remaining items or reinstate and clean the Site at the Contractor's cost.

Contractor's Responsibilities for Remedying Defects in Construction Projects

If the Contractor delays completion of outstanding works or remedying defects, the Employer can set a date for the remedy, providing the Contractor with a reasonable time to fix the issue.
If the Contractor fails to remedy the defect by the stated date, the Employer can carry out the work at the Contractor's cost and is entitled to payment for the costs incurred in remedying the defect.
If the Contractor believes the work is due to another cause, they must promptly notify the Engineer, who will determine the cause.
The Employer has the right to accept the damaged work and receive a reduction in the contract price or treat unusable works as omissions.
The Employer can also terminate the contract if the defect substantially deprives them of the benefit of the works.
If the defective plant cannot be repaired expeditiously on-site, the Contractor can request consent to remove it for repair, providing specific details.
The Contractor may remove the defective plant from the site upon receiving consent, but the Employer may require an increase in the Performance Security.
The Contractor must give notice of the proposed testing of the remedied works, and if they fail to do so, the Engineer can instruct the repeated tests at the cost of the liable party.
All repeated tests should be carried out at the risk and cost of the party responsible for the cost of the remedial work.
The Employer has the right to recover all sums paid for the works, financing charges, and dismantling costs if the contract is terminated due to defects.
The exercise of discretion by the Employer does not prejudice any other rights they may have under the Contract or otherwise.
The document is restricted for distribution within the Lexis Nexis platform and not for contract use or printing, and the original is available for sale at www.fidic.org.

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Description

Test your knowledge of a Contractor's rights, obligations, and responsibilities after taking over a construction project, including access to works, remedying defects, and clearance of the site. This quiz covers key clauses related to Contractor's rights and obligations from the FIDIC contract.