Y 2017

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Questions and Answers

What should the Contractor do promptly after receiving a Notice under Sub-Clause 8.1?

Request additional payment from the Employer

Scrutinise the Employer’s Requirements (correct)

Ignore the Notice

Begin the construction work immediately

When does Sub-Clause 1.9 [Errors in the Employer’s Requirements] apply?

When the Contractor fails to meet the project deadline

When the construction work is completed

When the Employer requests changes to the project

When the Contractor discovers any error, fault, or defect in the Employer’s Requirements (correct)

What should the Contractor’s Documents comprise?

Only the documents specified in the Employer’s Requirements

Documents specified in the Employer’s Requirements, permits, and operation manuals (correct)

Only the operation and maintenance manuals

Only permits and regulatory approvals

In what language should the Contractor’s Documents be written?

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

When are published standards referenced in the FIDIC Contract applicable?

As of the Base Date, unless stated otherwise Signup and view all the answers

What should the Contractor do if new standards come into force after the Base Date?

Promptly notify the Engineer and propose compliance Signup and view all the answers

Under what circumstances may the Engineer initiate a Variation?

Compliance with new standards requires changes to the execution of the Works Signup and view all the answers

What is the Contractor responsible for regarding the training of Employer's employees?

Providing training as specified in the Employer’s Requirements Signup and view all the answers

When should Provisional O&M Manuals be submitted?

Before Tests on Completion Signup and view all the answers

When must Final O&M Manuals be submitted?

Before the issue of any Taking-Over Certificate Signup and view all the answers

What should the format and details of the as-built records and O&M Manuals comply with?

Employer’s Requirements Signup and view all the answers

What action may the Contractor take if the Engineer fails to give a Notice of resumption of work within 28 days?

Treat the suspension as an omission of the affected part of the Works Signup and view all the answers

If the suspension affects the whole of the Works, what action may the Contractor take?

Give a Notice of termination Signup and view all the answers

What does the Contractor need to provide for the training of Employer's employees?

Qualified staff, facilities, and materials Signup and view all the answers

When should the Contractor maintain complete 'as-built' records of the Works?

Throughout the execution of the Works Signup and view all the answers

What is the Contractor's responsibility regarding the submission of as-built records and O&M Manuals?

Prepare and keep them up-to-date Signup and view all the answers

What is the time frame for the Contractor to commence the Tests on Completion?

Not less than 42 days before the intended commencement date Signup and view all the answers

When should the Contractor revise the test programme if it does not comply with the Contract?

Within 14 days after receiving a Notice from the Engineer Signup and view all the answers

When can the Contractor commence the Tests on Completion?

After receiving a Notice of No-objection from the Engineer Signup and view all the answers

What should the Contractor do after receiving a Notice from the Engineer to proceed with the suspended work?

Promptly resume work Signup and view all the answers

Who should jointly examine the Works and the Plant and Materials affected by the suspension?

Contractor and Engineer Signup and view all the answers

What should the Engineer do in case of any deterioration, loss, damage, or defect in the Works or Plant or Materials during the suspension?

Record and provide the record to the Contractor Signup and view all the answers

When should the Contractor make good any deterioration, loss, damage, or defect in the Works?

Promptly after receiving the record from the Engineer Signup and view all the answers

When should the Contractor carry out the Tests on Completion?

In accordance with the Clause and after submitting the required documents Signup and view all the answers

Who is responsible for preparing all Contractor’s Documents necessary for the design and execution of the Works?

The Contractor Signup and view all the answers

What is the maximum 'Review Period' for Contractor’s Documents unless otherwise stated in the Employer’s Requirements?

21 days Signup and view all the answers

When is it deemed that the Engineer has given a Notice of No-objection to the Contractor’s Document?

If the Engineer gives no Notice within the Review Period Signup and view all the answers

When can the construction of a part of the Works requiring Contractor’s Documents for Review commence?

After a Notice of No-objection is given by the Engineer for all relevant documents Signup and view all the answers

When must the completed Works, including defects remedied by the Contractor, comply with the technical standards and Laws of the country?

Upon completion and takeover by the Employer Signup and view all the answers

When must the Contractor’s design, documents, and completed Works comply with the Laws of the Country and the documents forming the Contract?

Throughout the entire construction phase Signup and view all the answers

Under what circumstances may the Contractor modify any design or Contractor’s Documents previously submitted for Review?

By giving a Notice to the Engineer with reasons Signup and view all the answers

When must the Contractor comply with the technical standards, building, construction, and environmental Laws of the country?

Upon completion and takeover by the Employer Signup and view all the answers

When must the Contractor revise and resubmit a Contractor’s Document at their own cost?

If the Engineer gives a Notice that the Contractor’s Document fails to comply with the requirements Signup and view all the answers

When are all technical or other standards and Laws applicable to the Works required to be in force?

When the Works are taken over by the Employer Signup and view all the answers

What must the Contractor do if the Engineer instructs that further Contractor’s Documents are required to demonstrate compliance with the Contract?

Prepare and submit them promptly at their own cost Signup and view all the answers

Study Notes

FIDIC Contract: Obligations and Procedures for Contractors

Published standards referenced in the contract are applicable as of the Base Date, unless otherwise stated.
If new standards come into force after the Base Date, the Contractor must promptly notify the Engineer and propose compliance.
The Engineer may initiate a Variation if compliance with new standards requires changes to the execution of the Works.
The Contractor is responsible for training employees of the Employer in the operation and maintenance of the Works as specified in the Employer’s Requirements.
The Contractor must provide qualified staff, facilities, and materials for the training as necessary.
The Contractor is required to maintain complete "as-built" records of the Works and submit them to the Engineer for review.
The Contractor must prepare and keep up-to-date operation and maintenance manuals for the Works as per the Employer’s Requirements.
Provisional O&M Manuals are to be submitted before Tests on Completion, with any errors or defects promptly rectified at the Contractor’s cost.
Final O&M Manuals must be submitted before the issue of any Taking-Over Certificate.
The format and details of the as-built records and O&M Manuals should comply with the Employer’s Requirements.
If the Engineer fails to give a Notice of resumption of work within 28 days, the Contractor may treat the suspension as an omission of the affected part of the Works.
If the suspension affects the whole of the Works, the Contractor may give a Notice of termination.

Contractor's Documents and Review Process in Construction Contracts

The Contractor is responsible for preparing all Contractor’s Documents necessary for the design and execution of the Works and for instructing the Contractor’s Personnel.
The Employer’s Personnel have the right to inspect the preparation of these documents, including any investigation, modeling, and testing.
The "Review Period" for Contractor’s Documents is a maximum of 21 days from the date the Engineer receives the document and a Contractor’s Notice, unless otherwise stated in the Employer’s Requirements.
A "Contractor’s Document" excludes any documents not specified in the Employer’s Requirements or these Conditions but includes all documents on which a specified Contractor’s Document relies for completeness.
If the Engineer gives no Notice within the Review Period, it is deemed that the Engineer has given a Notice of No-objection to the Contractor’s Document.
If the Engineer instructs that further Contractor’s Documents are required to demonstrate compliance with the Contract, the Contractor must prepare and submit them promptly at their own cost.
If the Engineer gives a Notice that the Contractor’s Document fails to comply with the requirements, the Contractor must revise and resubmit it at their own cost and is not entitled to an extension of time for any resulting delay.
Construction of a part of the Works requiring Contractor’s Documents for Review cannot commence until a Notice of No-objection is given by the Engineer for all relevant documents and must be in accordance with these documents.
The Contractor may modify any design or Contractor’s Documents previously submitted for Review by giving a Notice to the Engineer with reasons.
The completed Works, including defects remedied by the Contractor, must comply with the technical standards, building, construction, and environmental Laws of the country, as well as other standards specified in the Employer’s Requirements or defined by applicable Laws.
All technical or other standards and Laws applicable to the Works must be those in force when the Works are taken over by the Employer.
The Contractor’s design, documents, and completed Works must comply with the Laws of the Country and the documents forming the Contract, as altered or modified by Variations.

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Description

Learn about the obligations and procedures for contractors as specified in the FIDIC contract, including responsibilities for complying with standards, training employees, maintaining records, and submitting documents for review.

Y 2017 - 2

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