R 99 - 9

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Questions and Answers

What proportion of the estimated final Contract Price is used to calculate the proportion of the second half of the Retention Money?

Two-fifths (40%) (correct)

One-third (33.33%)

One-half (50%)

Three-fifths (60%)

When should the Contractor submit the Statement at Completion with supporting documents?

Within 120 days after receiving the Taking-Over Certificate for the Works

Within 30 days after receiving the Taking-Over Certificate for the Works

Within 84 days after receiving the Taking-Over Certificate for the Works (correct)

Within 60 days after receiving the Taking-Over Certificate for the Works

Under what conditions is the Engineer entitled to withhold certification of the estimated cost of remaining work?

If the Contractor fails to submit the Statement at Completion

If the estimated cost exceeds the original budget

If any work remains to be executed under Clause 11 [Defects Liability] (correct)

If there are changes in legislation affecting the remaining work

What documents should the Contractor submit along with the Statement at Completion?

Six copies of the Statement at completion with supporting documents Signup and view all the answers

What should be included in the Statement at Completion submitted by the Contractor?

The value of all work done in accordance with the Contract, any further sums due, and an estimate of other amounts due under the Contract Signup and view all the answers

When is the proportion of the second half of the Retention Money certified and paid?

After the expiry date of the Defects Notification Period for the Section Signup and view all the answers

What adjustments should not be taken into account when calculating proportions related to the estimated contract value?

Adjustments under Sub-Clause 13.7 [Adjustments for Changes in Legislation] and Sub-Clause 13.8 [Adjustments for Changes in Cost] Signup and view all the answers

In what currency should other payments to the Employer by the Contractor be made?

The currency in which the sum was expended by the Employer Signup and view all the answers

Under what conditions is the Employer entitled to terminate the Contract for the Employer’s convenience?

At any time by giving notice of such termination to the Contractor Signup and view all the answers

What action can the Employer take if the Contractor fails to comply with a notice under Sub-Clause 15.1 [Notice to Correct]?

Terminate the Contract immediately Signup and view all the answers

What does the Employer need to do after recovering any losses, damages, and extra costs following termination of the Contract?

Pay any balance to the Contractor Signup and view all the answers

When should the Engineer proceed to agree or determine the value of the Works, Goods, and Contractor’s Documents after termination of the Contract?

As soon as practicable after a notice of termination has taken effect Signup and view all the answers

What should the Contractor use his best efforts to comply with immediately after termination of the Contract?

Any reasonable instructions included in the notice Signup and view all the answers

What may the Employer do with the Contractor’s Equipment and Temporary Works after termination of the Contract?

Release them to the Contractor at or near the Site Signup and view all the answers

If the Engineer fails to certify in accordance with Sub-Clause 14.6, the Contractor may suspend work after giving not less than how many days' notice to the Employer?

21 days Signup and view all the answers

Under what conditions is the Contractor entitled to terminate the Contract?

If the Contractor does not receive the reasonable evidence within 42 days after giving notice under Sub-Clause 16.1 Signup and view all the answers

If the Contractor suffers delay and/or incurs Cost as a result of suspending work, the Contractor shall be entitled to:

Both a and b Signup and view all the answers

If the Employer becomes bankrupt or insolvent, what is the Contractor entitled to do?

Both a and b Signup and view all the answers

What happens if the Contractor subsequently receives the Payment Certificate, evidence, or payment before giving a notice of termination?

The Contractor shall resume normal working as soon as is reasonably practicable Signup and view all the answers

What action can the Contractor take if the Employer fails to comply with Sub-Clause 1.6 or Sub-Clause 1.7?

Terminate the Contract Signup and view all the answers

Under what circumstances can the Contractor suspend work?

If the Contractor does not receive the reasonable evidence within 56 days after giving notice under Sub-Clause 16.1 Signup and view all the answers

If the Employer substantially fails to perform his obligations under the Contract, what is the Contractor entitled to do?

All of the above Signup and view all the answers

What should the Engineer do after receiving a notice of termination from the Contractor?

Proceed to agree or determine the matters related to delay and Cost Signup and view all the answers

What is the deadline for the Contractor to submit a draft final statement with supporting documents?

Within 56 days after receiving the Performance Certificate Signup and view all the answers

When does the Engineer issue the Final Payment Certificate?

Within 28 days after receiving the Final Statement and written discharge Signup and view all the answers

What does the Contractor need to submit when submitting the Final Statement?

A written discharge confirming full and final settlement of all moneys due Signup and view all the answers

How long does the Contractor have to apply for a Final Payment Certificate if not already done so?

28 days Signup and view all the answers

In what currency/currencies should the Contract Price be paid?

As named in the Appendix to Tender Signup and view all the answers

What happens if the Contractor fails to submit an application for a Final Payment Certificate?

The Engineer shall issue the Final Payment Certificate for such amount as he fairly determines to be due Signup and view all the answers

Under what circumstances shall the Employer not be liable to the Contractor for any matter or thing under or in connection with the Contract?

If the matter or thing arises after the issue of the Taking-Over Certificate for the Works Signup and view all the answers

If the contractor fails to make a payment due to the employer, what action may the employer take?

Sell the contractor’s equipment and temporary works to recover the payment Signup and view all the answers

Under what conditions is the employer entitled to terminate the contract for the employer’s convenience?

At any time by giving notice of such termination to the contractor Signup and view all the answers

What does the employer need to do after recovering any losses, damages, and extra costs following termination of the contract?

Withhold further payments to the contractor Signup and view all the answers

Under what circumstances can the contractor suspend work?

If the employer fails to comply with a notice under Sub-Clause 15.1 [Notice to Correct] Signup and view all the answers

What is the deadline for the contractor to submit a draft final statement with supporting documents?

42 days after receiving the taking-over certificate Signup and view all the answers

When should the engineer proceed to agree or determine the value of the works, goods, and contractor’s documents after termination of the contract?

Within 28 days of receiving the notice of termination Signup and view all the answers

In what currency/currencies should the contract price be paid?

In the currency in which the sum was expended by the employer Signup and view all the answers

What is the deadline for the Contractor to submit a draft final statement with supporting documents?

56 days after receiving the Performance Certificate Signup and view all the answers

When does the Engineer issue the Final Payment Certificate?

28 days after receiving the Final Statement and discharge Signup and view all the answers

What happens if the Contractor fails to apply for a Final Payment Certificate?

The Engineer determines the amount due and issues the certificate Signup and view all the answers

What is the currency in which the Contract Price is paid?

As specified in the Appendix to Tender Signup and view all the answers

When is the Final Statement submitted?

After the Final Payment Certificate is issued Signup and view all the answers

What must the Contractor submit with the Final Statement?

Supporting documents Signup and view all the answers

What is the Engineer's responsibility if there are disagreements or unverified parts in the draft final statement?

To issue an Interim Payment Certificate Signup and view all the answers

If the Engineer fails to certify in accordance with Sub-Clause 14.6, the Contractor may suspend work after giving not less than how many days' notice to the Employer?

21 days Signup and view all the answers

If the Contractor suffers delay and/or incurs Cost as a result of suspending work, the Contractor shall be entitled to:

Payment of any such Cost plus reasonable profit Signup and view all the answers

Under what circumstances shall the Employer not be liable to the Contractor for any matter or thing under or in connection with the Contract?

If the Employer becomes bankrupt Signup and view all the answers

Under what conditions is the Contractor entitled to terminate the Contract?

If the Contractor does not receive the reasonable evidence within 42 days after giving notice under Sub-Clause 16.1 Signup and view all the answers

What happens if the Contractor subsequently receives the Payment Certificate, evidence, or payment before giving a notice of termination?

The Contractor shall resume normal working Signup and view all the answers

What may the Employer do with the Contractor’s Equipment and Temporary Works after termination of the Contract?

Keep them without any compensation to the Contractor Signup and view all the answers

In what currency should the Contract Price be paid?

Any mutually agreed currency Signup and view all the answers

When should the Engineer proceed to agree or determine the value of the Works, Goods, and Contractor’s Documents after termination of the Contract?

Within 56 days Signup and view all the answers

What should the Contractor use his best efforts to comply with immediately after termination of the Contract?

Secure the site and protect the Works Signup and view all the answers

Study Notes

FIDIC Contract Final Payment and Discharge Summary

The contract requires the Engineer to certify estimated amounts separately in the Statement at completion.
The Contractor must submit a draft final statement with supporting documents within 56 days of receiving the Performance Certificate.
Disagreements or unverified parts of the draft final statement require the Contractor to provide further information and make agreed changes.
If a dispute arises, an Interim Payment Certificate for agreed parts of the draft final statement is issued, and a Final Statement is submitted after resolution.
The Contractor must submit a written discharge with the Final Statement, confirming full and final settlement of all moneys due.
Within 28 days of receiving the Final Statement and discharge, the Engineer issues the Final Payment Certificate stating the amount finally due.
If the Contractor fails to apply for a Final Payment Certificate, the Engineer determines the amount due and issues the certificate.
The Employer is not liable for matters or things under the Contract, except for amounts included in the Final Statement and Statement at completion.
The Contract Price is paid in the currency or currencies named in the Appendix to Tender, with specific provisions for payments in different currencies.
Payment and deductions under various clauses are made in applicable currencies and proportions as specified in the Appendix to Tender.
Damages specified in the Appendix to Tender are paid in the currencies and proportions specified in the Appendix to Tender.
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Test your knowledge about the procedures and requirements for final payment and discharge in FIDIC contracts. This quiz covers the certification process, dispute resolution, submission requirements, and currency provisions for payments.

R 99 - 9

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Podcast

Questions and Answers

What proportion of the estimated final Contract Price is used to calculate the proportion of the second half of the Retention Money?

When should the Contractor submit the Statement at Completion with supporting documents?

Under what conditions is the Engineer entitled to withhold certification of the estimated cost of remaining work?

What documents should the Contractor submit along with the Statement at Completion?

What should be included in the Statement at Completion submitted by the Contractor?

When is the proportion of the second half of the Retention Money certified and paid?

What adjustments should not be taken into account when calculating proportions related to the estimated contract value?

In what currency should other payments to the Employer by the Contractor be made?

Under what conditions is the Employer entitled to terminate the Contract for the Employer’s convenience?

What action can the Employer take if the Contractor fails to comply with a notice under Sub-Clause 15.1 [Notice to Correct]?

What does the Employer need to do after recovering any losses, damages, and extra costs following termination of the Contract?

When should the Engineer proceed to agree or determine the value of the Works, Goods, and Contractor’s Documents after termination of the Contract?

What should the Contractor use his best efforts to comply with immediately after termination of the Contract?

What may the Employer do with the Contractor’s Equipment and Temporary Works after termination of the Contract?

If the Engineer fails to certify in accordance with Sub-Clause 14.6, the Contractor may suspend work after giving not less than how many days' notice to the Employer?

Under what conditions is the Contractor entitled to terminate the Contract?

If the Contractor suffers delay and/or incurs Cost as a result of suspending work, the Contractor shall be entitled to:

If the Employer becomes bankrupt or insolvent, what is the Contractor entitled to do?

What happens if the Contractor subsequently receives the Payment Certificate, evidence, or payment before giving a notice of termination?

What action can the Contractor take if the Employer fails to comply with Sub-Clause 1.6 or Sub-Clause 1.7?

Under what circumstances can the Contractor suspend work?

If the Employer substantially fails to perform his obligations under the Contract, what is the Contractor entitled to do?

What should the Engineer do after receiving a notice of termination from the Contractor?

What is the deadline for the Contractor to submit a draft final statement with supporting documents?

When does the Engineer issue the Final Payment Certificate?

What does the Contractor need to submit when submitting the Final Statement?

How long does the Contractor have to apply for a Final Payment Certificate if not already done so?

In what currency/currencies should the Contract Price be paid?

What happens if the Contractor fails to submit an application for a Final Payment Certificate?

Under what circumstances shall the Employer not be liable to the Contractor for any matter or thing under or in connection with the Contract?

If the contractor fails to make a payment due to the employer, what action may the employer take?

Under what conditions is the employer entitled to terminate the contract for the employer’s convenience?

What does the employer need to do after recovering any losses, damages, and extra costs following termination of the contract?

Under what circumstances can the contractor suspend work?

What is the deadline for the contractor to submit a draft final statement with supporting documents?

When should the engineer proceed to agree or determine the value of the works, goods, and contractor’s documents after termination of the contract?

In what currency/currencies should the contract price be paid?

What is the deadline for the Contractor to submit a draft final statement with supporting documents?

When does the Engineer issue the Final Payment Certificate?

What happens if the Contractor fails to apply for a Final Payment Certificate?

What is the currency in which the Contract Price is paid?

When is the Final Statement submitted?

What must the Contractor submit with the Final Statement?

What is the Engineer's responsibility if there are disagreements or unverified parts in the draft final statement?

If the Engineer fails to certify in accordance with Sub-Clause 14.6, the Contractor may suspend work after giving not less than how many days' notice to the Employer?

If the Contractor suffers delay and/or incurs Cost as a result of suspending work, the Contractor shall be entitled to:

Under what circumstances shall the Employer not be liable to the Contractor for any matter or thing under or in connection with the Contract?

Under what conditions is the Contractor entitled to terminate the Contract?

What happens if the Contractor subsequently receives the Payment Certificate, evidence, or payment before giving a notice of termination?

What may the Employer do with the Contractor’s Equipment and Temporary Works after termination of the Contract?

In what currency should the Contract Price be paid?

When should the Engineer proceed to agree or determine the value of the Works, Goods, and Contractor’s Documents after termination of the Contract?

What should the Contractor use his best efforts to comply with immediately after termination of the Contract?

Study Notes

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