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Questions and Answers

According to the Clause 12.1, when can the Engineer require any part of the Works to be measured?

At the beginning of the project

At the end of the project

After providing reasonable notice to the Contractor’s Representative (correct)

When the Engineer deems it necessary without any notice

What happens if the Contractor fails to attend or send a representative when the Engineer requires measurement of the Works?

The Engineer stops the project

The measurement made by (or on behalf of) the Engineer shall be accepted as accurate (correct)

The Engineer's measurement is not accepted

The Contractor is fined

What is the consequence if the Contractor does not attend to examine and agree the records with the Engineer when requested?

The records are discarded

The Contractor is relieved of the responsibility

The Engineer is responsible for the records

The records shall be accepted as accurate (correct)

When shall the Works be measured and valued for payment?

In accordance with the Clause 12 Signup and view all the answers

What happens if the moneys from the sale are less than the Employer’s costs?

The Contractor shall pay the outstanding balance to the Employer Signup and view all the answers

Who is entitled to be paid the costs incurred in connection with, or attributable to, the sale or disposal and restoring the Site?

The Employer Signup and view all the answers

What happens with any balance of the moneys from the sale?

It is paid to the Employer Signup and view all the answers

What does the Contract Price adjustment account for?

Rises or falls in the cost of labor, Goods, and other inputs to the Works Signup and view all the answers

When can the Contractor be entitled to an extension of time and payment of additional Cost?

If the Contractor suffers delay and/or incurs additional Cost due to changes in Laws made after the Base Date Signup and view all the answers

What does the 'table of adjustment data' refer to in Sub-Clause 13.8?

Completed table of adjustment data included in the Appendix to Tender Signup and view all the answers

What does the adjustment multiplier 'Pn' represent?

The adjustment multiplier to be applied to the estimated contract value in the relevant currency Signup and view all the answers

What is the purpose of the coefficient 'a' in the adjustment formula?

Representing the non-adjustable portion in contractual payments Signup and view all the answers

Under what circumstances is no adjustment to be applied to work valued?

Work valued on the basis of Cost or current prices Signup and view all the answers

What does the adjustment formula 'Pn = a + b Ln + c En + d Mn +. Lo Eo Mo' represent?

The calculation for the adjustment to be applied to the amount payable to the Contractor Signup and view all the answers

What happens if there is no table of adjustment data?

Sub-Clause 13.8 shall not apply Signup and view all the answers

What does the adjustment to be applied to the amount otherwise payable to the Contractor depend on?

The formulae for each of the currencies in which the Contract Price is payable Signup and view all the answers

What happens if the Contractor does not sign the records as agreed?

The Contractor shall give notice to the Engineer of the respects in which the records are asserted to be inaccurate. Signup and view all the answers

When does the Engineer review the records if the Contractor gives notice of inaccuracy?

After receiving notice from the Contractor Signup and view all the answers

What happens if the Contractor fails to give notice to the Engineer within 14 days after being requested to examine the records?

The records shall be accepted as accurate. Signup and view all the answers

In what circumstances can a new rate or price be appropriate for an item of work?

If the measured quantity of the item is changed by more than 10% from the quantity in the Bill of Quantities. Signup and view all the answers

What is necessary for the Engineer to determine a provisional rate or price for the purposes of Interim Payment Certificates?

The absence of an appropriate rate or price for an item of work Signup and view all the answers

Under what circumstances can the Contractor make alterations or modifications to the Permanent Works without instruction or approval from the Engineer?

If the Engineer instructs or approves a Variation Signup and view all the answers

What can the Contractor submit to the Engineer under Value Engineering?

A proposal to reduce the cost to the Employer of executing the Works Signup and view all the answers

What happens if the Contractor fails to attend or send a representative when the Engineer requires measurement of the Works?

The Engineer may proceed to measure the Works and the Contractor shall be bound by such measurement Signup and view all the answers

When shall the Works be measured and valued for payment?

At the discretion of the Engineer Signup and view all the answers

What is the consequence if the Contractor does not attend to examine and agree the records with the Engineer when requested?

The Contractor is not entitled to payment Signup and view all the answers

According to the Clause 12.1, when can the Engineer require any part of the Works to be measured?

At any time Signup and view all the answers

Who is entitled to be paid the costs incurred in connection with, or attributable to, the sale or disposal and restoring the Site?

The Contractor Signup and view all the answers

What happens with any balance of the moneys from the sale?

It is retained by the Employer Signup and view all the answers

What happens if the moneys from the sale are less than the Employer’s costs?

The Contractor is responsible for the shortfall Signup and view all the answers

What is the consequence if the quantity of an item changes by more than 10% from the Bill of Quantities and exceeds 0.01% of the Accepted Contract Amount?

A new rate or price will be appropriate Signup and view all the answers

Under what circumstances may the Contractor be entitled to an extension of time and payment of additional Cost?

If unable to obtain required Goods for a Variation Signup and view all the answers

What may Variations include, subject to Engineer's instruction or approval?

Changes to quantities, quality, levels, positions, omission of work, or additional necessary work Signup and view all the answers

When can the Contractor submit a proposal to the Engineer for Value Engineering?

At any time during the project Signup and view all the answers

What is the consequence of the Contractor making alterations or modifications to the Permanent Works without the Engineer's instruction or approval?

The Contractor will be penalized Signup and view all the answers

Under what circumstances can Variations be initiated by the Engineer?

Before issuing the Taking-Over Certificate Signup and view all the answers

When must the Contractor notify the Engineer of any inaccuracies in records?

Within 14 days of being requested to examine them Signup and view all the answers

According to FIDIC Contract Clause 13, when can the Contractor be instructed to execute a Variation with cost recording requirements?

Before submitting a proposal for the change in design of Permanent Works Signup and view all the answers

In the context of Provisional Sums, when can the Engineer instruct work to be executed or Plant, Materials, or services to be purchased by the Contractor?

At any time during the project Signup and view all the answers

What is the requirement regarding the submission of quotations to the Engineer in relation to ordering Goods for the work?

Quotations must be submitted before the Goods are ordered Signup and view all the answers

When must the Contractor submit priced statements of resources to the Engineer?

Before the inclusion of the resources in the next Statement under Sub-Clause 14.3 Signup and view all the answers

In what circumstances may the Engineer instruct that a Variation be executed on a daywork basis?

For work of minor or incidental nature Signup and view all the answers

What is the consequence of the Contractor making alterations or modifications to the Permanent Works without the Engineer's instruction or approval?

The Contractor will be held responsible for the cost and time consequences Signup and view all the answers

What is the responsibility of the Contractor when the Contract provides for payment in multiple currencies?

To specify the amount payable in each currency when an adjustment is agreed Signup and view all the answers

Study Notes

FIDIC Conditions of Contract for Construction - Key Points

The Contractor must notify the Engineer of any inaccuracies in records within 14 days of being requested to examine them.
The method of measurement for the Permanent Works should be in accordance with the Bill of Quantities or applicable Schedules.
The Engineer evaluates the Contract Price by applying the agreed measurement and appropriate rate or price for each item of work.
If the quantity of an item changes by more than 10% from the Bill of Quantities and exceeds 0.01% of the Accepted Contract Amount, a new rate or price will be appropriate.
If the omission of any work forms part of a Variation, the value of the omitted work should be agreed upon and included in the Contract Price.
Variations may be initiated by the Engineer before issuing the Taking-Over Certificate, and the Contractor is bound by each Variation unless unable to obtain required Goods.
Variations may include changes to quantities, quality, levels, positions, omission of work, or additional necessary work, all subject to Engineer's instruction or approval.
The Contractor may submit a proposal to the Engineer for Value Engineering, which should accelerate completion, reduce costs, improve efficiency, or benefit the Employer.
The proposal for Value Engineering should be prepared at the cost of the Contractor and include items listed in Sub-Clause 13.3.
The Contractor is not permitted to make any alterations or modifications to the Permanent Works without the Engineer's instruction or approval.

FIDIC Contract Clause 13 Summary

When a proposal for a change in design of Permanent Works is approved, the Contractor is responsible for designing the part and the Engineer determines a fee for any reduction in contract value.
The Engineer can request a proposal before instructing a Variation, and the Contractor must respond with a description of the work, program for execution, and proposal for evaluation.
Each instruction to execute a Variation with cost recording requirements must be issued by the Engineer, and Variations are evaluated in accordance with Clause 12, unless instructed otherwise.
If the Contract provides for payment in multiple currencies, the amount payable in each currency is specified when an adjustment is agreed, approved, or determined.
Provisional Sums can only be used according to the Engineer's instructions, and the Contract Price is adjusted accordingly. The Engineer may instruct work to be executed or Plant, Materials, or services to be purchased by the Contractor.
For Provisional Sums, the Contractor must produce substantiation when required by the Engineer, including quotations, invoices, vouchers, and accounts or receipts.
For work of minor or incidental nature, the Engineer may instruct that a Variation be executed on a daywork basis, which is valued in accordance with the Daywork Schedule included in the Contract.
Before ordering Goods for the work, the Contractor must submit quotations to the Engineer, and when applying for payment, the Contractor must submit invoices, vouchers, and accounts or receipts for any Goods.
The Contractor must deliver accurate statements to the Engineer detailing the resources used in executing the work, and one signed copy will be returned to the Contractor when correct or agreed.
The Contractor must submit priced statements of resources to the Engineer prior to their inclusion in the next Statement under Sub-Clause 14.3.
The text belongs to the Conditions of Contract for Construction and the licensed copy is held by Scott Wilson Holdings.
Contact details for Mustafa USALAN are provided at the end of the text.

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Description

Test your understanding of the key points in FIDIC Conditions of Contract for Construction Clause 13. This quiz covers important provisions related to variations, measurements, value engineering, provisional sums, and more.

R 99 - 7

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Podcast

Questions and Answers

According to the Clause 12.1, when can the Engineer require any part of the Works to be measured?

What happens if the Contractor fails to attend or send a representative when the Engineer requires measurement of the Works?

What is the consequence if the Contractor does not attend to examine and agree the records with the Engineer when requested?

When shall the Works be measured and valued for payment?

What happens if the moneys from the sale are less than the Employer’s costs?

Who is entitled to be paid the costs incurred in connection with, or attributable to, the sale or disposal and restoring the Site?

What happens with any balance of the moneys from the sale?

What does the Contract Price adjustment account for?

When can the Contractor be entitled to an extension of time and payment of additional Cost?

What does the 'table of adjustment data' refer to in Sub-Clause 13.8?

What does the adjustment multiplier 'Pn' represent?

What is the purpose of the coefficient 'a' in the adjustment formula?

Under what circumstances is no adjustment to be applied to work valued?

What does the adjustment formula 'Pn = a + b Ln + c En + d Mn +. Lo Eo Mo' represent?

What happens if there is no table of adjustment data?

What does the adjustment to be applied to the amount otherwise payable to the Contractor depend on?

What happens if the Contractor does not sign the records as agreed?

When does the Engineer review the records if the Contractor gives notice of inaccuracy?

What happens if the Contractor fails to give notice to the Engineer within 14 days after being requested to examine the records?

In what circumstances can a new rate or price be appropriate for an item of work?

What is necessary for the Engineer to determine a provisional rate or price for the purposes of Interim Payment Certificates?

Under what circumstances can the Contractor make alterations or modifications to the Permanent Works without instruction or approval from the Engineer?

What can the Contractor submit to the Engineer under Value Engineering?

What happens if the Contractor fails to attend or send a representative when the Engineer requires measurement of the Works?

When shall the Works be measured and valued for payment?

What is the consequence if the Contractor does not attend to examine and agree the records with the Engineer when requested?

According to the Clause 12.1, when can the Engineer require any part of the Works to be measured?

Who is entitled to be paid the costs incurred in connection with, or attributable to, the sale or disposal and restoring the Site?

What happens with any balance of the moneys from the sale?

What happens if the moneys from the sale are less than the Employer’s costs?

What is the consequence if the quantity of an item changes by more than 10% from the Bill of Quantities and exceeds 0.01% of the Accepted Contract Amount?

Under what circumstances may the Contractor be entitled to an extension of time and payment of additional Cost?

What may Variations include, subject to Engineer's instruction or approval?

When can the Contractor submit a proposal to the Engineer for Value Engineering?

What is the consequence of the Contractor making alterations or modifications to the Permanent Works without the Engineer's instruction or approval?

Under what circumstances can Variations be initiated by the Engineer?

When must the Contractor notify the Engineer of any inaccuracies in records?

According to FIDIC Contract Clause 13, when can the Contractor be instructed to execute a Variation with cost recording requirements?

In the context of Provisional Sums, when can the Engineer instruct work to be executed or Plant, Materials, or services to be purchased by the Contractor?

What is the requirement regarding the submission of quotations to the Engineer in relation to ordering Goods for the work?

When must the Contractor submit priced statements of resources to the Engineer?

In what circumstances may the Engineer instruct that a Variation be executed on a daywork basis?

What is the consequence of the Contractor making alterations or modifications to the Permanent Works without the Engineer's instruction or approval?

What is the responsibility of the Contractor when the Contract provides for payment in multiple currencies?

Study Notes

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