37 Questions
In accordance with the text, who is responsible for providing access, facilities, permissions, and safety equipment for examination, inspection, measurement, and testing of materials and workmanship?
The Contractor
According to the text, when must the Contractor give notice to the Engineer?
Whenever any work is ready and before it is covered up, put out of sight, or packaged for storage or transport
As per the text, who is entitled to examine, inspect, measure, and test the materials and workmanship during production, manufacture, and construction?
Employer's Personnel
As per the text, who is responsible for providing all apparatus, assistance, documents, and other necessary resources for carrying out specified tests efficiently?
The Contractor
According to the text, who should agree with the Engineer the time and place for the specified testing of any Plant, Materials, and other parts of the Works?
The Contractor
In the context of the text, who is responsible for submitting samples of Materials to the Engineer for consent prior to using the Materials in or for the Works?
The Contractor
As per the text, who has the responsibility to reinstate and make good if the Contractor fails to give notice to the Engineer when any work is ready and before it is covered up, put out of sight, or packaged for storage or transport?
The Contractor, at the Contractor’s cost
According to the text, who shall carry out the examination, inspection, measurement, or testing without unreasonable delay, or promptly give notice to the Contractor that the Engineer does not require to do so?
The Engineer
In the context of the text, who should provide access to all parts of the Site and to all places from which natural Materials are being obtained?
The Employer's Personnel
What is the responsibility of the contractor upon the issue of a Taking-Over Certificate?
Clear away and remove all equipment, surplus material, and rubbish from the part of the site to which the certificate refers
What is the definition of 'nominated Subcontractor' as per the contract?
A subcontractor stated in the contract or instructed by the Engineer under Variations and Adjustments
What rights does the contractor have in relation to a nominated subcontractor?
The contractor has the right to raise reasonable objections to a nominated subcontractor and is not obligated to employ them if objections are raised promptly
Under what circumstances can the engineer request evidence of previous payments before issuing a Payment Certificate to a nominated subcontractor?
If the contractor fails to provide evidence of previous payments
What is the responsibility of the contractor regarding the payment, housing, feeding, and transport for all staff and labor on the construction site?
The contractor is responsible for engaging and arranging payment, housing, feeding, and transport for all staff and labor on the construction site, unless otherwise stated in the Specification
What must the contractor do in relation to rates of wages and labor conditions?
The contractor must pay rates of wages and observe labor conditions not lower than those established for the trade or industry where the work is carried out
Under what circumstances is the contractor entitled to an extension of time and payment?
The contractor is entitled to an extension of time and payment for any delay or cost incurred in complying with instructions related to fossils and other findings
According to the text, what should the Contractor do if no established rates or conditions are applicable?
Pay rates of wages and observe conditions not lower than the general level of wages and conditions observed locally by similar employers.
What is the Contractor prohibited from doing in relation to the Employer’s Personnel?
Recruit or attempt to recruit staff and labor.
What is the Contractor required to comply with in relation to labor Laws?
All relevant labor Laws applicable to the Contractor’s Personnel.
When can work be carried out on the Site on locally recognized days of rest or outside normal working hours?
If otherwise stated in the Contract, with Engineer's consent, or if work is unavoidable or necessary for safety.
What is the Contractor responsible for providing and maintaining for the Contractor’s Personnel?
All necessary accommodation and welfare facilities.
What is the Contractor required to do in terms of health and safety?
Take all reasonable precautions to maintain the health and safety of the Contractor’s Personnel.
What is required of the Contractor in terms of superintendence during the execution of the Works?
Provide all necessary superintendence to ensure satisfactory and safe execution of the Works.
According to the text, what is the responsibility of the Contractor regarding unauthorised persons on the Site?
The Contractor shall be responsible for keeping unauthorised persons off the Site.
What personnel are authorized to be on the Site according to the text?
Contractor’s Personnel, Employer’s Personnel, and personnel notified to the Contractor by the Employer or the Engineer
What is the Contractor required to do with Contractor’s Equipment and Contractor’s Personnel during operations on the Site?
The Contractor shall confine his operations to the Site and keep Contractor’s Equipment and Contractor’s Personnel within the Site and any additional agreed areas.
What is the Contractor’s responsibility regarding unnecessary obstruction on the Site during the execution of the Works?
The Contractor shall keep the Site free from all unnecessary obstruction.
What is the Contractor required to do with surplus materials during the execution of the Works?
The Contractor shall store or dispose of any surplus materials.
What is the Contractor’s responsibility regarding adjacent land during operations on the Site?
The Contractor shall take all necessary precautions to keep Contractor’s Equipment and Contractor’s Personnel off adjacent land.
What is the Contractor responsible for in terms of authorized personnel of the Employer’s other contractors on the Site?
The Contractor is responsible for personnel notified to the Contractor, by the Employer or the Engineer, as authorized personnel of the Employer’s other contractors on the Site.
What is the Contractor's responsibility regarding the security of the Site?
Preventing unauthorised access and limiting authorised personnel to specified individuals
What must the Contractor do with Contractor’s Equipment and Contractor’s Personnel during operations on the Site?
Confine them to the Site and additional agreed areas, and keep them off adjacent land
When must the Contractor give notice to the Engineer?
When any work is ready and before it is covered up, put out of sight, or packaged for storage or transport
What is the Contractor required to do with surplus materials during the execution of the Works?
Store or dispose of them
Who is entitled to examine, inspect, measure, and test the materials and workmanship during production, manufacture, and construction?
The Engineer and authorized personnel
What is the Contractor's responsibility regarding unnecessary obstruction on the Site during the execution of the Works?
Keep the Site free from all unnecessary obstruction
Under what circumstances can the engineer request evidence of previous payments before issuing a Payment Certificate to a nominated subcontractor?
If there are concerns about the subcontractor's financial stability
Study Notes
Construction Contract Conditions Summary
- The contractor is responsible for clearing away and removing any unnecessary wreckage, rubbish, and temporary works from the site.
- Upon the issue of a Taking-Over Certificate, the contractor must clear away and remove all equipment, surplus material, and rubbish from the part of the site to which the certificate refers.
- Fossils, coins, and items of geological or archaeological interest found on the site are under the care of the employer, and the contractor must prevent their removal or damage.
- The contractor is entitled to an extension of time and payment for any delay or cost incurred in complying with instructions related to fossils and other findings.
- The term "nominated Subcontractor" is defined as a subcontractor stated in the contract or instructed by the Engineer under Variations and Adjustments.
- The contractor has the right to raise reasonable objections to a nominated subcontractor and is not obligated to employ them if objections are raised promptly.
- The contractor must pay the nominated subcontractor the amounts certified by the Engineer in accordance with the subcontract, and these amounts are included in the Contract Price.
- Before issuing a Payment Certificate to a nominated subcontractor, the engineer may request evidence of previous payments, and the employer may pay the subcontractor directly if the contractor fails to provide evidence.
- The contractor is responsible for engaging and arranging payment, housing, feeding, and transport for all staff and labor on the construction site, unless otherwise stated in the Specification.
- The contractor must pay rates of wages and observe labor conditions not lower than those established for the trade or industry where the work is carried out.
Test your knowledge of construction contract conditions with this quiz covering responsibilities, subcontractors, payments, and labor conditions.
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