46 Questions
According to the text, who has the authority to amend the Contract?
The Employer
In accordance with the text, who can the Employer set off against or make deductions from an amount certified in a Payment Certificate?
The Contractor
According to the text, who is responsible for carrying out the duties assigned in the Contract?
The Engineer
As per the text, who is competent to carry out the duties assigned to the Engineer?
The Engineer's staff
According to the text, who may exercise the authority attributable to the Engineer as specified in the Contract?
The Engineer
In the text, who is entitled to be paid by the Contractor?
The Employer
According to the text, who has the authority to include a deduction in the Contract Price and Payment Certificates?
The Engineer
Who is responsible for providing all necessary documents, personnel, goods, and services for the design, execution, completion, and remedying of defects in the construction project?
The Contractor
When is the Contractor required to obtain a Performance Security?
For proper performance
Under what circumstances can the Employer claim the full amount of the Performance Security?
Failure to extend its validity or failure to pay an amount due
Who must appoint a Contractor’s Representative to act on the Contractor’s behalf under the Contract?
The Contractor
What action must the Contractor take if the appointed Contractor’s Representative fails to act?
Submit another suitable person for appointment
When must the Contractor submit the Performance Security to the Employer?
Within 28 days after receiving the Letter of Acceptance
What is the Employer obligated to do regarding damages resulting from a claim under the Performance Security?
Indemnify and hold the Contractor harmless to the extent the claim was not entitled
Who can the Engineer delegate duties and authority to, as stated in the Particular Conditions?
Only qualified and competent assistants
What is the effect of failure to disapprove work by the Engineer's assistants?
It constitutes approval
When must the Contractor comply with instructions and modified drawings issued by the Engineer?
Only if they constitute a Variation
What is the requirement for oral instructions from the Engineer?
They require written confirmation from the Contractor
When is the Contractor obligated to design, execute, complete the Works according to the Contract and Engineer's instructions?
At all times during the project
Under what circumstances can the Contractor object to the replacement of the Engineer by the Employer?
If the Contractor has valid reasons
What is the effect of the Contractor's failure to reject oral instructions from the Engineer?
The confirmation becomes the written instruction
According to FIDIC Conditions of Contract for Construction, what is required for the Engineer to exercise certain authority?
Approval from the Employer as stated in the Particular Conditions
In what scenario can the Employer impose additional constraints on the Engineer's authority?
With the Contractor's agreement
What is the effect when the Engineer exercises approved authority?
It is deemed that the Employer has given approval
What is required for the Engineer to delegate duties and authority to assistants?
Delegations must be in writing and communicated to both Parties to take effect
What is the effect of instructions and acts by assistants, according to FIDIC Conditions of Contract for Construction?
They have the same effect as if done by the Engineer
What is the requirement for oral instructions from the Engineer to the Contractor?
Written confirmation from the Contractor
In what scenario can the Contractor object to the replacement of the Engineer?
If the Contractor has valid reasons
According to the text, under what circumstances is the Contractor required to obtain the Engineer’s prior consent for appointing a replacement person?
When the Contractor’s Representative is temporarily absent from the Site during the execution of the Works
As per the text, who is responsible for the acts or defaults of any Subcontractor, his agents, or employees?
The Contractor
According to the text, when does a subcontract need to include provisions which would entitle the Employer to require the subcontract to be assigned to the Employer?
When the Subcontractor’s obligations extend beyond the expiry date of the relevant Defects Notification Period
According to the text, what must the Contractor do if the Engineer instructs the Contractor to assign the benefit of a Subcontractor’s obligations to the Employer?
The Contractor must do so before the expiry date of the relevant Defects Notification Period
In accordance with the text, under what circumstances does an instruction to the Contractor to allow appropriate opportunities for carrying out work to the Employer’s Personnel constitute a Variation?
When it causes the Contractor to incur Unforeseeable Cost
As per the text, who is responsible for submitting Contractor’s Documents to the Engineer in the time and manner stated in the Specification?
The Contractor
According to the text, who may exercise the authority to amend the Contract?
The Engineer
When must the Contractor obtain the prior consent of the Engineer for other proposed Subcontractors?
When the Subcontractor's obligations extend beyond the expiry date of the relevant Defects Notification Period
According to the text, who is required to be fluent in the language for communications defined in Sub-Clause 1.4 [Law and Language]?
The Contractor’s Representative and all competent persons
Who is responsible for appointing a suitable replacement person when the Contractor’s Representative is temporarily absent from the Site?
The Contractor’s Representative
When can the Contractor delegate any powers, functions, and authority to any competent person?
After receiving approval from the Engineer
Under what circumstances can the Contractor be required to obtain consent for proposed Subcontractors?
If the Subcontractor is not named in the Contract
What is the effect of failure to assign the benefit of a Subcontractor’s obligations to the Employer when instructed by the Engineer?
Contractor becomes liable for the Subcontractor's obligations
When does an instruction to allow appropriate opportunities for carrying out work to the Employer’s Personnel constitute a Variation?
If it causes the Contractor to incur Unforeseeable Cost
Who is responsible for submitting Contractor’s Documents to the Engineer in the time and manner stated in the Specification?
The Contractor’s Representative
What is the effect of the Contractor’s failure to comply with instructions and modified drawings issued by the Engineer?
Contractor is in breach of Contract
When is the Contractor required to obtain consent for suppliers of Materials?
If otherwise stated in the Particular Conditions
What is the effect of the Contractor’s failure to obtain consent for other proposed Subcontractors?
Contractor is in breach of Contract
Study Notes
FIDIC Conditions of Contract for Construction
- The Engineer needs approval from the Employer before exercising certain authority, as stated in the Particular Conditions.
- The Employer cannot impose additional constraints on the Engineer's authority without the Contractor's agreement.
- When the Engineer exercises approved authority, it is deemed that the Employer has given approval.
- The Engineer can delegate duties and authority to assistants, including resident engineers and independent inspectors.
- Delegations must be in writing and communicated to both Parties to take effect.
- Assistants must be qualified, competent, and fluent in the contract language.
- Instructions and acts by assistants have the same effect as if done by the Engineer, but failure to disapprove work does not constitute approval.
- The Engineer can issue instructions and modified drawings to the Contractor, who must comply with them, especially if they constitute a Variation.
- Oral instructions from the Engineer require written confirmation from the Contractor, and without rejection, the confirmation becomes the written instruction.
- If the Employer plans to replace the Engineer, the Contractor must be notified in advance and can object with valid reasons.
- When the Engineer needs to agree or determine any matter, they must consult with both Parties and make a fair determination.
- The Contractor is obligated to design, execute, complete the Works according to the Contract and Engineer's instructions, and remedy any defects.
Test your knowledge of FIDIC Conditions of Contract for Construction with this quiz. Learn about the Engineer's authority, delegation of duties, instructions to the Contractor, and other key provisions in the contract.
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