30 Questions
According to the text, who is responsible for setting out the Works in relation to original points, lines, and levels of reference specified in the Contract or notified by the Engineer?
The Contractor
If the Contractor suffers delay and/or incurs Cost from executing work necessitated by an error in the items of reference, who should the Contractor give notice to?
The Engineer
In case of delay in completion due to errors in the specified items of reference, what is the Contractor entitled to, according to SubClause 20.1 [Contractor’s Claims]?
An extension of time and payment of any Cost plus reasonable profit
Who is responsible for any errors in the specified or notified items of reference?
The Employer
What should the Contractor use reasonable efforts to verify before they are used?
The accuracy of specified or notified items of reference
If completion is or will be delayed due to errors in the specified items of reference, what should the Engineer do after receiving notice from the Contractor?
Proceed in accordance with SubClause 3
What should the Contractor do if an experienced contractor could not reasonably have discovered an error in the items of reference and avoided delay and/or Cost?
Give notice to the Engineer
According to the text, who is responsible for the Employer's Equipment when the Contractor's Personnel is operating it?
The Contractor
How often should progress reports be submitted by the Contractor, according to the text?
Monthly
Who determines the appropriate quantities and amounts due for the use of Employer’s Equipment, as per the text?
The Engineer
When should the first progress report cover, as per the text?
The first month following the Commencement Date
Who is responsible for providing 'free-issue materials' according to the text?
The Employer
What should the progress reports include, as per the text?
Charts and detailed descriptions of progress, photographs showing the status of manufacture, and copies of quality assurance documents
Who must pay the amounts determined by the Engineer for the use of Employer’s Equipment, based on the text?
The Contractor
When should the reporting continue, according to the text?
Until the Contractor has completed all work
Who is responsible for rectifying any shortage, defect or default in the free-issue materials, unless otherwise agreed by both Parties?
The Employer
According to the FIDIC General Conditions of Contract, who is responsible for the transport of goods to the Site?
The Contractor
In the FIDIC General Conditions of Contract, who is responsible for the provision of power, water, and other services at the Site?
The Contractor
According to the FIDIC General Conditions of Contract, who is responsible for the suitability and maintenance of access routes to the Site?
The Contractor
In the FIDIC General Conditions of Contract, who is responsible for special and temporary rights-of-way needed for the Works?
The Contractor
According to the FIDIC General Conditions of Contract, who is responsible for the review of physical conditions encountered in similar parts of the Works to determine reductions in Cost?
The Engineer
In the FIDIC General Conditions of Contract, who must take steps to protect the environment and limit damage and nuisance resulting from pollution, noise, and other operations?
The Contractor
According to the FIDIC General Conditions of Contract, who is responsible for the indemnification of the Employer against damages, losses, and expenses resulting from any interference with the convenience of the public or the access to and use and occupation of roads and footpaths?
The Contractor
What is the responsibility of the Contractor regarding unforeseeable physical conditions?
The Contractor must notify the Engineer if they encounter adverse physical conditions that they consider to be unforeseeable.
What is the Contractor entitled to if they encounter unforeseeable physical conditions and suffer delay or cost?
An extension of time and payment of associated costs, subject to the Contractor’s Claims provisions.
What is the responsibility of the Engineer regarding unforeseeable physical conditions?
Determining whether the physical conditions were unforeseeable and to what extent, after receiving notice and inspecting or investigating the physical conditions.
What is the Contractor required to do regarding safety procedures?
Comply with all safety regulations, take care of persons on site, and provide necessary safety measures such as fencing and lighting.
What is the responsibility of the Contractor regarding the Accepted Contract Amount?
The Contractor is deemed to have satisfied themselves with the correctness and sufficiency of the Accepted Contract Amount.
What is the Contractor's responsibility regarding quality assurance?
The Contractor is required to institute a quality assurance system to demonstrate compliance with the contract requirements.
What data must the Employer provide to the Contractor?
Relevant data on sub-surface and hydrological conditions at the site.
Study Notes
Contractor's Obligations and Responsibilities under FIDIC Contract
- Contractor must comply with all safety regulations, take care of persons on site, and provide necessary safety measures such as fencing and lighting.
- The Contractor is required to institute a quality assurance system to demonstrate compliance with the contract requirements.
- The Employer must provide relevant data on sub-surface and hydrological conditions at the site to the Contractor.
- The Contractor is responsible for interpreting the site data and obtaining necessary information about risks and contingencies that may affect the tender or works.
- The Contractor is deemed to have satisfied themselves with the correctness and sufficiency of the Accepted Contract Amount.
- The Contractor is obligated to notify the Engineer if they encounter adverse physical conditions that they consider to be unforeseeable.
- The Contractor must continue executing the works using proper and reasonable measures for the physical conditions and comply with any instructions from the Engineer.
- If the Contractor encounters unforeseeable physical conditions and suffers delay or incurs cost, they are entitled to an extension of time and payment of the associated costs, subject to the Contractor’s Claims provisions.
- The Engineer is responsible for determining whether the physical conditions were unforeseeable and to what extent, after receiving notice and inspecting or investigating the physical conditions.
- The Engineer must also agree or determine the matters related to the extent of the unforeseeable physical conditions.
- The Contractor's obligations and responsibilities under the FIDIC Contract encompass safety procedures, quality assurance, interpretation of site data, sufficiency of the Accepted Contract Amount, and unforeseeable physical conditions.
- The FIDIC Contract outlines the procedures and responsibilities for the Contractor and the Engineer in the event of unforeseeable physical conditions encountered during the execution of the works.
Test your knowledge of the Contractor's obligations and responsibilities under the FIDIC Contract with this quiz. Explore key aspects such as safety procedures, quality assurance, interpretation of site data, and handling unforeseeable physical conditions during project execution.
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