R 2017 - 9
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What action can the Contractor take if the suspension under Sub-Clause 8.9 has continued for more than 84 days?

  • Terminate the contract immediately
  • Claim compensation for any delay
  • Request permission to proceed and if not given, treat the suspension as an omission of the affected part of the Works (correct)
  • Agree to a further suspension without any additional entitlements
  • Under what condition can the Contractor give a Notice of termination?

  • If the suspension causes a delay of more than 60 days
  • If the Engineer fails to respond within 14 days
  • If the suspension continues for more than 28 days
  • If the suspension affects the whole of the Works (correct)
  • When can the Contractor resume work after receiving a Notice from the Engineer?

  • Immediately after receiving the notice (correct)
  • After 28 days of receiving the notice
  • After 7 days of receiving the notice
  • After 14 days of receiving the notice
  • What must the Contractor do if the suspension affects the whole of the Works?

    <p>Give a Notice of termination under Sub-Clause 16.2</p> Signup and view all the answers

    Under what circumstance can the Contractor agree to a further suspension?

    <p>If the Parties fail to reach agreement under the sub-paragraph</p> Signup and view all the answers

    What should the Contractor do if the suspension under Sub-Clause 8.9 continues for more than 28 days and the Plant and/or Materials were scheduled to have been completed and ready for delivery to the Site during the suspension period?

    <p>Provide the Engineer with reasonable evidence that the Plant and/or Materials comply with the Contract</p> Signup and view all the answers

    What does the Contractor need to do if the suspension affects the whole of the Works?

    <p>Promptly make good all deterioration, loss, damage, or defect in the Works</p> Signup and view all the answers

    Under what circumstance can the Contractor treat the suspension as an omission of the affected part of the Works?

    <p>After giving a Notice to the Engineer and not receiving a response within 28 days</p> Signup and view all the answers

    When should the Contractor carry out the Tests on Completion?

    <p>In accordance with the Clause and after submitting the necessary documents</p> Signup and view all the answers

    What is the Contractor entitled to if the work on Plant, or delivery of Plant and/or Materials, has been suspended for more than 28 days?

    <p>Payment for suspended Plant and/or Materials</p> Signup and view all the answers

    What should the Contractor provide to the Employer as part of the construction contract?

    <p>A detailed schedule of the works</p> Signup and view all the answers

    Under what circumstances is the Contractor entitled to an extension of time for completion?

    <p>When the work is delayed due to specific causes like adverse climatic conditions</p> Signup and view all the answers

    What action can the Engineer take if the initial programme fails to comply with the contract or reflect actual progress?

    <p>Request a revised programme</p> Signup and view all the answers

    When must the Contractor give notice under the contract?

    <p>Regardless of what is stated in the programme</p> Signup and view all the answers

    What can the Engineer do when determining each extension of time?

    <p>Increase but not decrease the total extension of time based on previous determinations</p> Signup and view all the answers

    Under what conditions can the Contractor submit a proposal to avoid or minimize the effects of future events or circumstances?

    <p>When the Contractor deems it necessary</p> Signup and view all the answers

    What is included in the programme that the Contractor is required to provide?

    <p>Dates of rest and holidays, key delivery dates of plant and materials, and actual progress to date</p> Signup and view all the answers

    If a delay is caused by the Employer’s responsibility and concurrent with a delay caused by the Contractor’s responsibility, how will the Contractor’s entitlement to Extension of Time (EOT) be assessed?

    <p>According to rules and procedures in the Special Provisions</p> Signup and view all the answers

    Under what conditions will delays caused by authorities be considered as a cause of delay?

    <p>If the Contractor diligently follows procedures laid down by relevant legally constituted public authorities or private utility entities in the country, and the delay or disruption was unforeseeable</p> Signup and view all the answers

    What happens if the Contractor's progress is too slow?

    <p>The Engineer may instruct the Contractor to submit a revised program to expedite progress</p> Signup and view all the answers

    Under what circumstances may the Employer be entitled to payment of additional costs?

    <p>If the revised methods cause the Employer to incur additional costs</p> Signup and view all the answers

    What is the consequence if the Contractor fails to comply with the Time for Completion?

    <p>The Employer shall be entitled to payment of Delay Damages by the Contractor for this default</p> Signup and view all the answers

    How are Delay Damages calculated?

    <p>The amount stated in the Contract Data for every day that elapses between the Time for Completion and the Date of Completion of the Works or Section, not exceeding the maximum amount stated in the Contract Data</p> Signup and view all the answers

    What is the Contractor entitled to during a suspension instructed by the Engineer?

    <p>EOT and/or payment of costs incurred from complying with the instruction or resuming the work</p> Signup and view all the answers

    What happens if the Engineer does not give a Notice within 21 days after receiving the initial programme?

    <p>The Engineer shall be deemed to have given a Notice of No-objection</p> Signup and view all the answers

    Under what circumstance is the Contractor required to proceed in accordance with the Programme?

    <p>When the Engineer gives no Notice within 14 days after receiving a revised programme</p> Signup and view all the answers

    What entitlement do the Employer’s Personnel have in relation to the Programme?

    <p>They are entitled to rely on the Programme when planning their activities</p> Signup and view all the answers

    What is the consequence if the Engineer gives no Notice within 14 days after receiving a revised programme?

    <p>The initial programme or revised programme shall be the Programme</p> Signup and view all the answers

    What action can the Contractor take if the Engineer does not give a Notice within the specified timeframes?

    <p>The Contractor shall proceed in accordance with the Programme</p> Signup and view all the answers

    What is the Engineer's responsibility regarding the initial programme and revised programmes submitted by the Contractor?

    <p>To review and give a Notice if it does not comply with the Contract</p> Signup and view all the answers

    What is the Contractor required to do if the Engineer gives no Notice within the specified timeframes?

    <p>Proceed in accordance with the Programme</p> Signup and view all the answers

    What happens if the Engineer gives no Notice within 21 days after receiving the initial programme?

    <p>The Engineer is deemed to have given a Notice of No-objection and the initial programme becomes the Programme</p> Signup and view all the answers

    What action can the Engineer take if a revised programme submitted by the Contractor does not comply with the Contract?

    <p>Give a Notice to the Contractor stating the extent of non-compliance</p> Signup and view all the answers

    What is the consequence if the Engineer gives no Notice within 14 days after receiving a revised programme?

    <p>The Engineer is deemed to have given a Notice of No-objection and the revised programme becomes the Programme</p> Signup and view all the answers

    What is the Contractor required to do if the Engineer gives no Notice within the specified timeframes for initial and revised programmes?

    <p>Proceed in accordance with the Programme</p> Signup and view all the answers

    Who is entitled to rely on the Programme when planning their activities?

    <p>The Employer’s Personnel</p> Signup and view all the answers

    What is the purpose of the Engineer's review of the initial and revised programmes submitted by the Contractor?

    <p>To ensure compliance with the Contract</p> Signup and view all the answers

    What platform is the document restricted for distribution within?

    <p>Lexis Nexis</p> Signup and view all the answers

    Study Notes

    FIDIC General Conditions Summary

    • If a delay is caused by the Employer’s responsibility and concurrent with a delay caused by the Contractor’s responsibility, the Contractor’s entitlement to Extension of Time (EOT) will be assessed according to rules and procedures in the Special Provisions.
    • Delays caused by authorities will be considered as a cause of delay if the Contractor diligently follows procedures laid down by relevant legally constituted public authorities or private utility entities in the country, and the delay or disruption was unforeseeable.
    • If the Contractor's progress is too slow, the Engineer may instruct the Contractor to submit a revised program to expedite progress, and the Contractor shall adopt these revised methods at their own risk and cost.
    • The Employer may be entitled to payment of additional costs if the revised methods cause the Employer to incur additional costs, in addition to Delay Damages.
    • If the Contractor fails to comply with the Time for Completion, the Employer shall be entitled to payment of Delay Damages by the Contractor for this default.
    • Delay Damages shall be the amount stated in the Contract Data and shall be paid for every day that elapses between the Time for Completion and the Date of Completion of the Works or Section, not exceeding the maximum amount stated in the Contract Data.
    • The Contractor shall protect, store, and secure the Works during a suspension instructed by the Engineer, and may be entitled to EOT and/or payment of costs incurred from complying with the instruction or resuming the work.
    • The Contractor shall not be entitled to EOT or payment of costs incurred in making good the consequences of the Contractor’s faulty or defective workmanship, Plant, or Materials.
    • The Engineer may instruct the Contractor to suspend progress of part or all of the Works at any time, and during such suspension, the Contractor shall protect, store, and secure the Works against any deterioration, loss, or damage.
    • If the cause of the suspension is the responsibility of the Contractor, certain clauses related to consequences, payment for plant and materials, and prolonged suspension shall not apply.
    • The Contractor shall not be entitled to EOT or payment for costs from any deterioration, loss, or damage caused by the Contractor’s failure to protect, store, or secure the Works during a suspension.
    • The Sub-Clause does not limit the Contractor’s liability for Delay Damages in cases of fraud, gross negligence, deliberate default, or reckless misconduct by the Contractor.

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    Description

    Test your understanding of the FIDIC general conditions with this summary quiz covering topics such as delays, entitlement to extension of time, payment for additional costs, protection and suspension of works, and liability for delay damages.

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