Podcast
Questions and Answers
Who is responsible for coordinating site visits?
Who is responsible for coordinating site visits?
- The Engineer
- The Contractor
- The DAB
- The Employer (correct)
What is the purpose of site visits?
What is the purpose of site visits?
- To resolve disputes
- To monitor progress and identify problems (correct)
- To conduct financial audits
- To inspect completed work
Who should receive copies of the DAB's site visit report?
Who should receive copies of the DAB's site visit report?
- The Employer and the Contractor (correct)
- The Project Manager
- The DAB members
- The Engineer only
What documents should be furnished to the DAB upon request?
What documents should be furnished to the DAB upon request?
How many persons should the DAB comprise for the Employer and the Contractor to send requested documents and communications to?
How many persons should the DAB comprise for the Employer and the Contractor to send requested documents and communications to?
What is the DAB's responsibility in conducting a hearing on a dispute?
What is the DAB's responsibility in conducting a hearing on a dispute?
What power does the DAB have in adopting an inquisitorial procedure?
What power does the DAB have in adopting an inquisitorial procedure?
When may the DAB express opinions during a hearing concerning the merits of any arguments advanced by the Parties?
When may the DAB express opinions during a hearing concerning the merits of any arguments advanced by the Parties?
When may the DAB convene in private after a hearing?
When may the DAB convene in private after a hearing?
When does the retainer fee get reduced by 50%?
When does the retainer fee get reduced by 50%?
How often should the DAB visit the site unless otherwise agreed?
How often should the DAB visit the site unless otherwise agreed?
When should the Member submit invoices for payment of the monthly retainer and air fares?
When should the Member submit invoices for payment of the monthly retainer and air fares?
What happens if the Contractor fails to pay the Member's invoices in full within 56 calendar days after receiving each invoice?
What happens if the Contractor fails to pay the Member's invoices in full within 56 calendar days after receiving each invoice?
When can the Employer and the Contractor jointly terminate the Dispute Adjudication Agreement?
When can the Employer and the Contractor jointly terminate the Dispute Adjudication Agreement?
What happens if the Member fails to comply with any obligation under Clause 4?
What happens if the Member fails to comply with any obligation under Clause 4?
What should the Member do if the Member does not receive payment of the amount due within 70 days after submitting a valid invoice?
What should the Member do if the Member does not receive payment of the amount due within 70 days after submitting a valid invoice?
How are disputes or claims arising from the Dispute Adjudication Agreement finally settled?
How are disputes or claims arising from the Dispute Adjudication Agreement finally settled?
How long should the DAB wait between consecutive visits unless otherwise agreed?
How long should the DAB wait between consecutive visits unless otherwise agreed?
How are the retainer and daily fees specified in the Dispute Adjudication Agreement adjusted after the first 24 calendar months?
How are the retainer and daily fees specified in the Dispute Adjudication Agreement adjusted after the first 24 calendar months?
What is the consequence if the Member fails to comply with any obligation under Clause 4 of the Dispute Adjudication Agreement?
What is the consequence if the Member fails to comply with any obligation under Clause 4 of the Dispute Adjudication Agreement?
When are the retainer and daily fees specified in the Dispute Adjudication Agreement adjusted after the first 24 calendar months?
When are the retainer and daily fees specified in the Dispute Adjudication Agreement adjusted after the first 24 calendar months?
What happens if the Contractor fails to pay the Member's invoices within 56 days after receiving each invoice?
What happens if the Contractor fails to pay the Member's invoices within 56 days after receiving each invoice?
When may the DAB convene in private after a hearing?
When may the DAB convene in private after a hearing?
What is the responsibility of the Contractor if the Member does not receive payment within 70 days after submitting a valid invoice?
What is the responsibility of the Contractor if the Member does not receive payment within 70 days after submitting a valid invoice?
How often should the DAB visit the site unless otherwise agreed?
How often should the DAB visit the site unless otherwise agreed?
Who is responsible for coordinating site visits?
Who is responsible for coordinating site visits?
What documents should be furnished to the DAB upon request?
What documents should be furnished to the DAB upon request?
When can the Employer and the Contractor jointly terminate the Dispute Adjudication Agreement?
When can the Employer and the Contractor jointly terminate the Dispute Adjudication Agreement?
How are disputes or claims arising from the Dispute Adjudication Agreement finally settled?
How are disputes or claims arising from the Dispute Adjudication Agreement finally settled?
What expenses are covered by the retainer fee in the Dispute Adjudication Agreement?
What expenses are covered by the retainer fee in the Dispute Adjudication Agreement?
Under what circumstances should the Employer or the Contractor provide security for the Member?
Under what circumstances should the Employer or the Contractor provide security for the Member?
What is the purpose of the retainer fee in the Dispute Adjudication Agreement?
What is the purpose of the retainer fee in the Dispute Adjudication Agreement?
What should the Employer or the Contractor provide security for when referring a dispute to the DAB?
What should the Employer or the Contractor provide security for when referring a dispute to the DAB?
What is the primary responsibility of the DAB in conducting a hearing on a dispute?
What is the primary responsibility of the DAB in conducting a hearing on a dispute?
When does the retainer fee cover payment for all services performed by the Member?
When does the retainer fee cover payment for all services performed by the Member?
What expenses are NOT covered by the retainer fee in the Dispute Adjudication Agreement?
What expenses are NOT covered by the retainer fee in the Dispute Adjudication Agreement?
Under what condition is the Employer and the Contractor relieved from liability under the preceding paragraph?
Under what condition is the Employer and the Contractor relieved from liability under the preceding paragraph?
What is the purpose of the security provided by the Employer or the Contractor when referring a dispute to the DAB?
What is the purpose of the security provided by the Employer or the Contractor when referring a dispute to the DAB?
What is the primary responsibility of the Member under the Dispute Adjudication Agreement?
What is the primary responsibility of the Member under the Dispute Adjudication Agreement?
Study Notes
Dispute Adjudication Agreement: Key Details
- Retainer fee begins from the last day of the month when the agreement is effective until the issuance of the Taking-Over Certificate for the Works.
- After the issuance of the Taking-Over Certificate, the retainer fee is reduced by 50% and continues until the Member resigns or the agreement is terminated.
- Daily fee covers travel time, on-site visits, hearings, and preparation, with reasonable expenses reimbursed.
- The retainer and daily fees are specified in the Dispute Adjudication Agreement and remain fixed for the first 24 months, adjustable thereafter.
- Invoices for the monthly retainer and air fares are submitted quarterly in advance, while other expenses and daily fees are invoiced after each site visit or hearing.
- The Contractor must pay the Member's invoices within 56 days and seek reimbursement from the Employer.
- If the Contractor fails to pay, the Employer must pay the Member and may claim reimbursement from the Contractor.
- If the Member does not receive payment within 70 days, they can suspend services or resign the appointment.
- Termination of the agreement requires notice from both the Employer and the Contractor, or from the Member alone in specific circumstances.
- Failure to comply with the agreement by the Member may result in loss of fees and reimbursement of void proceedings.
- Disputes arising from the agreement will be settled under the Rules of Arbitration of the International Chamber of Commerce.
- The Dispute Adjudication Board (DAB) shall visit the site at specified intervals and may convene a hearing if required.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
Test your knowledge of the key details in a Dispute Adjudication Agreement, including retainer and daily fees, invoicing procedures, termination conditions, and dispute resolution mechanisms.
