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Questions and Answers
According to the text, who has the authority to amend the Contract?
According to the text, who has the authority to amend the Contract?
In accordance with the text, who can the Employer set off against or make deductions from an amount certified in a Payment Certificate?
In accordance with the text, who can the Employer set off against or make deductions from an amount certified in a Payment Certificate?
According to the text, who is responsible for carrying out the duties assigned in the Contract?
According to the text, who is responsible for carrying out the duties assigned in the Contract?
As per the text, who is competent to carry out the duties assigned to the Engineer?
As per the text, who is competent to carry out the duties assigned to the Engineer?
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According to the text, who may exercise the authority attributable to the Engineer as specified in the Contract?
According to the text, who may exercise the authority attributable to the Engineer as specified in the Contract?
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In the text, who is entitled to be paid by the Contractor?
In the text, who is entitled to be paid by the Contractor?
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According to the text, who has the authority to include a deduction in the Contract Price and Payment Certificates?
According to the text, who has the authority to include a deduction in the Contract Price and Payment Certificates?
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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?
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?
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When is the Contractor required to obtain a Performance Security?
When is the Contractor required to obtain a Performance Security?
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Under what circumstances can the Employer claim the full amount of the Performance Security?
Under what circumstances can the Employer claim the full amount of the Performance Security?
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Who must appoint a Contractor’s Representative to act on the Contractor’s behalf under the Contract?
Who must appoint a Contractor’s Representative to act on the Contractor’s behalf under the Contract?
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What action must the Contractor take if the appointed Contractor’s Representative fails to act?
What action must the Contractor take if the appointed Contractor’s Representative fails to act?
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When must the Contractor submit the Performance Security to the Employer?
When must the Contractor submit the Performance Security to the Employer?
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What is the Employer obligated to do regarding damages resulting from a claim under the Performance Security?
What is the Employer obligated to do regarding damages resulting from a claim under the Performance Security?
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Who can the Engineer delegate duties and authority to, as stated in the Particular Conditions?
Who can the Engineer delegate duties and authority to, as stated in the Particular Conditions?
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What is the effect of failure to disapprove work by the Engineer's assistants?
What is the effect of failure to disapprove work by the Engineer's assistants?
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When must the Contractor comply with instructions and modified drawings issued by the Engineer?
When must the Contractor comply with instructions and modified drawings issued by the Engineer?
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What is the requirement for oral instructions from the Engineer?
What is the requirement for oral instructions from the Engineer?
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When is the Contractor obligated to design, execute, complete the Works according to the Contract and Engineer's instructions?
When is the Contractor obligated to design, execute, complete the Works according to the Contract and Engineer's instructions?
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Under what circumstances can the Contractor object to the replacement of the Engineer by the Employer?
Under what circumstances can the Contractor object to the replacement of the Engineer by the Employer?
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What is the effect of the Contractor's failure to reject oral instructions from the Engineer?
What is the effect of the Contractor's failure to reject oral instructions from the Engineer?
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According to FIDIC Conditions of Contract for Construction, what is required for the Engineer to exercise certain authority?
According to FIDIC Conditions of Contract for Construction, what is required for the Engineer to exercise certain authority?
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In what scenario can the Employer impose additional constraints on the Engineer's authority?
In what scenario can the Employer impose additional constraints on the Engineer's authority?
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What is the effect when the Engineer exercises approved authority?
What is the effect when the Engineer exercises approved authority?
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What is required for the Engineer to delegate duties and authority to assistants?
What is required for the Engineer to delegate duties and authority to assistants?
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What is the effect of instructions and acts by assistants, according to FIDIC Conditions of Contract for Construction?
What is the effect of instructions and acts by assistants, according to FIDIC Conditions of Contract for Construction?
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What is the requirement for oral instructions from the Engineer to the Contractor?
What is the requirement for oral instructions from the Engineer to the Contractor?
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In what scenario can the Contractor object to the replacement of the Engineer?
In what scenario can the Contractor object to the replacement of the Engineer?
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According to the text, under what circumstances is the Contractor required to obtain the Engineer’s prior consent for appointing a replacement person?
According to the text, under what circumstances is the Contractor required to obtain the Engineer’s prior consent for appointing a replacement person?
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As per the text, who is responsible for the acts or defaults of any Subcontractor, his agents, or employees?
As per the text, who is responsible for the acts or defaults of any Subcontractor, his agents, or employees?
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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?
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?
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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?
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?
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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?
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?
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As per the text, who is responsible for submitting Contractor’s Documents to the Engineer in the time and manner stated in the Specification?
As per the text, who is responsible for submitting Contractor’s Documents to the Engineer in the time and manner stated in the Specification?
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According to the text, who may exercise the authority to amend the Contract?
According to the text, who may exercise the authority to amend the Contract?
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When must the Contractor obtain the prior consent of the Engineer for other proposed Subcontractors?
When must the Contractor obtain the prior consent of the Engineer for other proposed Subcontractors?
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According to the text, who is required to be fluent in the language for communications defined in Sub-Clause 1.4 [Law and Language]?
According to the text, who is required to be fluent in the language for communications defined in Sub-Clause 1.4 [Law and Language]?
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Who is responsible for appointing a suitable replacement person when the Contractor’s Representative is temporarily absent from the Site?
Who is responsible for appointing a suitable replacement person when the Contractor’s Representative is temporarily absent from the Site?
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When can the Contractor delegate any powers, functions, and authority to any competent person?
When can the Contractor delegate any powers, functions, and authority to any competent person?
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Under what circumstances can the Contractor be required to obtain consent for proposed Subcontractors?
Under what circumstances can the Contractor be required to obtain consent for proposed Subcontractors?
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What is the effect of failure to assign the benefit of a Subcontractor’s obligations to the Employer when instructed by the Engineer?
What is the effect of failure to assign the benefit of a Subcontractor’s obligations to the Employer when instructed by the Engineer?
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When does an instruction to allow appropriate opportunities for carrying out work to the Employer’s Personnel constitute a Variation?
When does an instruction to allow appropriate opportunities for carrying out work to the Employer’s Personnel constitute a Variation?
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Who is responsible for submitting Contractor’s Documents to the Engineer in the time and manner stated in the Specification?
Who is responsible for submitting Contractor’s Documents to the Engineer in the time and manner stated in the Specification?
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What is the effect of the Contractor’s failure to comply with instructions and modified drawings issued by the Engineer?
What is the effect of the Contractor’s failure to comply with instructions and modified drawings issued by the Engineer?
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When is the Contractor required to obtain consent for suppliers of Materials?
When is the Contractor required to obtain consent for suppliers of Materials?
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What is the effect of the Contractor’s failure to obtain consent for other proposed Subcontractors?
What is the effect of the Contractor’s failure to obtain consent for other proposed Subcontractors?
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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.
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Description
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.