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99 - 1

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Questions and Answers

What is the meaning of 'Performance Security' as defined in the text?

  • The security related to the performance of the project manager
  • The security under Sub-Clause 4.2 [Performance Security] (correct)
  • The security provided by the contractor for the performance of the works
  • The security related to the performance of the subcontractors

    • According to the interpretation in the Contract, what do provisions including the word 'agree', 'agreed' or 'agreement' require?

  • Verbal agreement
  • The agreement to be recorded in writing (correct)
  • Agreement through email correspondence
  • No specific requirement for agreement recording

    • What does the term 'Site' refer to in the context of the text?

  • Places where the subcontractors are to be stationed
  • Places where the Permanent Works are to be executed and where Plant and Materials are to be delivered (correct)
  • Any location specified in the Contract
  • Only the places where the Permanent Works are to be executed

    • What is the meaning of 'Unforeseeable' as defined in the text?

    <p>Not reasonably foreseeable by an experienced contractor by the date for submission of the Tender</p> Signup and view all the answers

    In the interpretation provided in the Contract, what do words indicating the singular also include?

    <p>The plural</p> Signup and view all the answers

    What does 'Variation' mean in the context of the text?

    <p>Any change to the Works, which is instructed or approved as a variation under Clause 13 [Variations and Adjustments]</p> Signup and view all the answers

    According to the interpretation in the Contract, what should be considered in the interpretation of the Conditions?

    <p>The marginal words and other headings should not be taken into consideration</p> Signup and view all the answers

    According to the FIDIC General Conditions of Contract for Construction, how should communications for approvals, certificates, consents, etc., be delivered?

    <p>By hand, mail, courier, or electronic transmission</p> Signup and view all the answers

    What is the maximum time frame for entering into a Contract Agreement after the Contractor receives the Letter of Acceptance?

    <p>28 days</p> Signup and view all the answers

    In the FIDIC General Conditions, under what circumstances can a Party assign the whole or any part of the contract without prior agreement?

    <p>Assignment as security in favor of a bank or financial institution</p> Signup and view all the answers

    What is the priority sequence for interpretation of documents forming the contract in case of ambiguity or discrepancy?

    <p>The order specified in the FIDIC General Conditions</p> Signup and view all the answers

    What must the Contractor do if they become aware of an error or defect in a document prepared for executing the Works?

    <p>Promptly notify the other Party</p> Signup and view all the answers

    Under what circumstances is the Contractor entitled to an extension of time and payment of incurred costs plus reasonable profit?

    <p>If the Contractor suffers delay or incurs cost due to the Engineer's failure to issue necessary drawings or instructions</p> Signup and view all the answers

    Where are the Specification and Drawings kept according to the FIDIC General Conditions?

    <p>In the custody of the Employer</p> Signup and view all the answers

    According to the text, if the Employer's failure was caused by any error or delay by the Contractor, what is the Contractor not entitled to?

    <p>Extension of time, Cost or profit</p> Signup and view all the answers

    In relation to permits, licenses, or approvals, what is the Employer responsible for providing to the Contractor?

    <p>Reasonable assistance</p> Signup and view all the answers

    Under what circumstances should the Employer give notice and particulars to the Contractor?

    <p>If the Employer considers entitlement to payment or extension of Defects Notification Period</p> Signup and view all the answers

    Within how many days should the Employer submit evidence of financial arrangements to the Contractor?

    <p>28 days</p> Signup and view all the answers

    What should the Employer do if there is an intention to make any material change to financial arrangements?

    <p>Give notice to the Contractor with detailed particulars</p> Signup and view all the answers

    When should the notice relating to any extension of the Defects Notification Period be given?

    <p>Before the expiry of the period</p> Signup and view all the answers

    What should the Employer provide to the Contractor within 28 days after receiving any request?

    <p>Reasonable evidence of financial arrangements</p> Signup and view all the answers

    Under what circumstances is the Employer not required to give notice to the Contractor?

    <p>For payments due under specific Sub-Clauses</p> Signup and view all the answers

    What should the Employer be responsible for ensuring in relation to the Employer’s Personnel and other contractors on the Site?

    <p>Co-operation with the Contractor’s efforts and safety procedures</p> Signup and view all the answers

    According to FIDIC Conditions of Contract for Construction, who retains copyright and intellectual property rights in the Specification, Drawings, and other documents made by or on behalf of the Employer?

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

    In case the Employer fails to give possession of the Site within the specified time, what is the Contractor entitled to according to FIDIC Conditions of Contract for Construction?

    <p>An extension of time and payment for any resulting cost and profit</p> Signup and view all the answers

    According to FIDIC Conditions of Contract for Construction, when is the Contractor not entitled to an extension of time, cost, or profit?

    <p>If the Engineer's failure is caused by an error or delay by the Contractor</p> Signup and view all the answers

    What must the Contractor do regarding the Employer's documents according to FIDIC Conditions of Contract for Construction?

    <p>Not use, copy, or communicate the Employer's documents to a third party without the Employer's consent</p> Signup and view all the answers

    According to FIDIC Conditions of Contract for Construction, who is jointly and severally liable to the Employer for Contract performance if the Contractor is a joint venture, consortium, or unincorporated grouping?

    <p>The joint venture, consortium, or unincorporated grouping</p> Signup and view all the answers

    What must the Contractor disclose as required by the Engineer according to FIDIC Conditions of Contract for Construction?

    <p>Confidential information to verify compliance with the Contract</p> Signup and view all the answers

    What license does the Contractor grant the Employer according to FIDIC Conditions of Contract for Construction?

    <p>A non-terminable transferable non-exclusive royalty-free license to copy, use, and communicate the Contractor's Documents</p> Signup and view all the answers

    What is the maximum time frame for entering into a Contract Agreement after the Contractor receives the Letter of Acceptance?

    <p>90 days</p> Signup and view all the answers

    What must the Employer provide to the Contractor within 28 days after receiving any request?

    <p>Reasonable evidence of financial arrangements</p> Signup and view all the answers

    What does 'Variation' mean in the context of the text?

    <p>Change in the Works</p> Signup and view all the answers

    According to the FIDIC General Conditions, under what circumstances can a Party assign the whole or any part of the contract without prior agreement?

    <p>In case of insolvency</p> Signup and view all the answers

    What should the Employer do if there is an intention to make any material change to financial arrangements?

    <p>Notify the Contractor with detailed particulars</p> Signup and view all the answers

    What is the meaning of 'Unforeseeable' as defined in the text?

    <p>Not reasonably foreseeable by an experienced contractor</p> Signup and view all the answers

    Under what circumstances is the Contractor entitled to an extension of time and payment of incurred costs plus reasonable profit?

    <p>If the Contractor's efforts are hindered by the Employer</p> Signup and view all the answers

    What must the Contractor do regarding the Employer's documents according to FIDIC Conditions of Contract for Construction?

    <p>Keep them confidential and not use them for any other purpose</p> Signup and view all the answers

    According to the text, if the Employer's failure was caused by any error or delay by the Contractor, what is the Contractor not entitled to?

    <p>Extension of time, Cost, or profit</p> Signup and view all the answers

    According to FIDIC Conditions of Contract for Construction, who retains copyright and intellectual property rights in the Specification, Drawings, and other documents made by or on behalf of the Employer?

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

    In the FIDIC General Conditions, who is jointly and severally liable to the Employer for Contract performance if the Contractor is a joint venture, consortium, or unincorporated grouping?

    <p>The Joint Venture, Consortium, or Unincorporated Grouping</p> Signup and view all the answers

    What is the meaning of 'Performance Security' as defined in the text?

    <p>A financial security provided by the Contractor to ensure performance of the contract</p> Signup and view all the answers

    What should the Employer provide to the Contractor within 28 days after receiving any request?

    <p>Evidence of financial arrangements</p> Signup and view all the answers

    What must the Contractor do if they become aware of an error or defect in a document prepared for executing the Works?

    <p>Immediately notify the Engineer in writing</p> Signup and view all the answers

    Under what circumstances should the Employer give notice and particulars to the Contractor?

    <p>When there is a delay or disruption caused by the Contractor</p> Signup and view all the answers

    What does 'Variation' mean in the context of the text?

    <p>An alteration to the original scope of work</p> Signup and view all the answers

    Study Notes

    FIDIC Conditions of Contract for Construction

    • The Contractor is not entitled to an extension of time, cost, or profit if the Engineer's failure is caused by an error or delay by the Contractor, including in the submission of Contractor's Documents.
    • The Contractor retains copyright and intellectual property rights in the Contractor's Documents and design documents made by or on behalf of the Contractor.
    • The Contractor grants the Employer a non-terminable transferable non-exclusive royalty-free license to copy, use, and communicate the Contractor's Documents.
    • The Employer retains copyright and intellectual property rights in the Specification, Drawings, and other documents made by or on behalf of the Employer.
    • The Contractor shall disclose confidential information as required by the Engineer to verify compliance with the Contract.
    • The Contractor must comply with applicable laws during the Contract performance and indemnify the Employer for any failure to do so unless stated otherwise in the Particular Conditions.
    • If the Contractor is a joint venture, consortium, or unincorporated grouping, they are jointly and severally liable to the Employer for Contract performance.
    • The Employer must give the Contractor right of access to and possession of all parts of the Site within the specified time in the Appendix to Tender.
    • If the Employer fails to give possession within the specified time, the Contractor is entitled to an extension of time and payment for any resulting cost and profit.
    • The Engineer must proceed to agree or determine the matters related to delay and cost after receiving notice from the Contractor.
    • The Contractor shall not use, copy, or communicate the Employer's documents to a third party without the Employer's consent, except as necessary for the Contract.
    • The Employer shall indemnify and hold the Contractor harmless against any consequences of a failure to obtain necessary permissions and approvals.

    FIDIC Conditions of Contract for Construction

    • The Contractor is not entitled to an extension of time, cost, or profit if the Engineer's failure is caused by an error or delay by the Contractor, including in the submission of Contractor's Documents.
    • The Contractor retains copyright and intellectual property rights in the Contractor's Documents and design documents made by or on behalf of the Contractor.
    • The Contractor grants the Employer a non-terminable transferable non-exclusive royalty-free license to copy, use, and communicate the Contractor's Documents.
    • The Employer retains copyright and intellectual property rights in the Specification, Drawings, and other documents made by or on behalf of the Employer.
    • The Contractor shall disclose confidential information as required by the Engineer to verify compliance with the Contract.
    • The Contractor must comply with applicable laws during the Contract performance and indemnify the Employer for any failure to do so unless stated otherwise in the Particular Conditions.
    • If the Contractor is a joint venture, consortium, or unincorporated grouping, they are jointly and severally liable to the Employer for Contract performance.
    • The Employer must give the Contractor right of access to and possession of all parts of the Site within the specified time in the Appendix to Tender.
    • If the Employer fails to give possession within the specified time, the Contractor is entitled to an extension of time and payment for any resulting cost and profit.
    • The Engineer must proceed to agree or determine the matters related to delay and cost after receiving notice from the Contractor.
    • The Contractor shall not use, copy, or communicate the Employer's documents to a third party without the Employer's consent, except as necessary for the Contract.
    • The Employer shall indemnify and hold the Contractor harmless against any consequences of a failure to obtain necessary permissions and approvals.

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    Description

    Test your knowledge of the FIDIC Conditions of Contract for Construction with this quiz. Evaluate your understanding of the rights, obligations, and responsibilities outlined for the Contractor and Employer in the construction contract.

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