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Questions and Answers
What happens if the Employer’s Representative does not give the Notice of agreement or determination within the relevant time limit?
What happens if the Employer’s Representative does not give the Notice of agreement or determination within the relevant time limit?
- The matter shall be deemed to be an Agreement
- The matter shall be deemed to be a Dispute (correct)
- The matter shall be deemed resolved
- The matter shall be referred to the Contractor
What is the effect of each agreement or determination?
What is the effect of each agreement or determination?
- It shall be binding only on the Contractor
- It shall not be binding until further notice
- It shall be binding only on the Employer
- It shall be binding on both Parties (correct)
When must the Contractor include the payment amount in the next Statement?
When must the Contractor include the payment amount in the next Statement?
- When a dispute arises
- When an agreement or determination concerns the payment of an amount from one Party to the other Party (correct)
- When the Employer’s Representative gives a Notice of agreement
- When an agreement is reached
What happens if the determination is revised under Clause 21?
What happens if the determination is revised under Clause 21?
What is the time frame within which the Contractor can object to a nominated Subcontractor?
What is the time frame within which the Contractor can object to a nominated Subcontractor?
When is the submission of the health and safety manual required?
When is the submission of the health and safety manual required?
Who is responsible for setting out works and rectifying errors in positioning?
Who is responsible for setting out works and rectifying errors in positioning?
What triggers the application of Sub-Clause 7.5 [Defects and Rejection]?
What triggers the application of Sub-Clause 7.5 [Defects and Rejection]?
Who is required to provide fencing, lighting, safe access, and temporary works for public and adjacent land/property protection?
Who is required to provide fencing, lighting, safe access, and temporary works for public and adjacent land/property protection?
What is the definition of 'Nominated Subcontractor'?
What is the definition of 'Nominated Subcontractor'?
When must the JV members comply with health and safety regulations and laws?
When must the JV members comply with health and safety regulations and laws?
What is the time frame for the Contractor to prepare and implement a Compliance Verification System?
What is the time frame for the Contractor to prepare and implement a Compliance Verification System?
What is the Contractor responsible for verifying?
What is the Contractor responsible for verifying?
Who is responsible for the care of all persons on the Site?
Who is responsible for the care of all persons on the Site?
What does the Compliance Verification System need to include?
What does the Compliance Verification System need to include?
What is the consequence of non-compliance with the Contract?
What is the consequence of non-compliance with the Contract?
Under Clause 4.10, what does compliance with the QM System and/or Compliance Verification System NOT relieve the Contractor from?
Under Clause 4.10, what does compliance with the QM System and/or Compliance Verification System NOT relieve the Contractor from?
According to Clause 4.11, what is the Contractor responsible for verifying and interpreting?
According to Clause 4.11, what is the Contractor responsible for verifying and interpreting?
Under Clause 4.12, what does the Contractor accept total responsibility for by signing the Contract Agreement?
Under Clause 4.12, what does the Contractor accept total responsibility for by signing the Contract Agreement?
According to Clause 4.13, who is responsible for bearing all costs and charges for special and/or temporary rights-of-way?
According to Clause 4.13, who is responsible for bearing all costs and charges for special and/or temporary rights-of-way?
What does the Contractor need to obtain at their risk and cost according to Clause 4.13?
What does the Contractor need to obtain at their risk and cost according to Clause 4.13?
What is the Contractor deemed to have satisfied themselves as to under Clause 4.11?
What is the Contractor deemed to have satisfied themselves as to under Clause 4.11?
Under Clause 4.12, what is the Contract Price deemed to cover unless otherwise stated in the Contract?
Under Clause 4.12, what is the Contract Price deemed to cover unless otherwise stated in the Contract?
According to Clause 4.13, who must bear the costs and charges for special and/or temporary rights-of-way required for the purposes of the Works?
According to Clause 4.13, who must bear the costs and charges for special and/or temporary rights-of-way required for the purposes of the Works?
What is the time frame within which a Party may give a Notice of Dissatisfaction (NOD) if dissatisfied with the Employer's Representative's determination?
What is the time frame within which a Party may give a Notice of Dissatisfaction (NOD) if dissatisfied with the Employer's Representative's determination?
If only part of the determination is disputed, what must be done in the Notice of Dissatisfaction (NOD)?
If only part of the determination is disputed, what must be done in the Notice of Dissatisfaction (NOD)?
What may lead to arbitration under Sub-Clause 21.6 without prejudice to other rights?
What may lead to arbitration under Sub-Clause 21.6 without prejudice to other rights?
What must the Contractor do not less than 28 days before exercising certain powers as specified in the Contract Data?
What must the Contractor do not less than 28 days before exercising certain powers as specified in the Contract Data?
What is the Contractor responsible for managing, coordinating, and ensuring?
What is the Contractor responsible for managing, coordinating, and ensuring?
What are the involved parties required to be fluent in for communications as defined in the Contract?
What are the involved parties required to be fluent in for communications as defined in the Contract?
What may the Contractor not subcontract works with a total accumulated value greater than?
What may the Contractor not subcontract works with a total accumulated value greater than?
What must the Employer's Representative advise the Parties of within 14 days after giving or receiving the notice of agreement or determination?
What must the Employer's Representative advise the Parties of within 14 days after giving or receiving the notice of agreement or determination?
What happens if the determination is revised under Clause 21?
What happens if the determination is revised under Clause 21?
What must be done if either Party requires the other to attend a management meeting?
What must be done if either Party requires the other to attend a management meeting?
What must the Contractor ensure about the Works?
What must the Contractor ensure about the Works?
What is the consequence of non-compliance with the agreement or determination?
What is the consequence of non-compliance with the agreement or determination?
Flashcards
Nominated Subcontractor
Nominated Subcontractor
A subcontractor selected and named specifically by the Employer in the Employer's Requirements or instructed by the Employer under Provisional Sums.
Contractor's Objection to Nominated Subcontractor
Contractor's Objection to Nominated Subcontractor
The Contractor has 14 days to object to a Nominated Subcontractor provided by the Employer, giving detailed reasons for their objection.
EOT and Payment for Employer-Caused Cooperation Issues
EOT and Payment for Employer-Caused Cooperation Issues
The Contractor is entitled to an Extension of Time (EOT) and/or additional payment for delays or costs incurred due to Employer's instructions leading to unforeseen issues with cooperation between the Contractor and nominated subcontractor.
Contractor's Responsibility for Setting Out Works
Contractor's Responsibility for Setting Out Works
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Contractor's Health and Safety Responsibilities
Contractor's Health and Safety Responsibilities
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Contractor's Site Protection Responsibilities
Contractor's Site Protection Responsibilities
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Health and Safety Manual Submission
Health and Safety Manual Submission
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JV Members' Health and Safety Responsibilities
JV Members' Health and Safety Responsibilities
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Compliance Verification System
Compliance Verification System
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Reporting Inspection and Test Results
Reporting Inspection and Test Results
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Non-compliance Consequences
Non-compliance Consequences
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Employer's Representative Error Notification
Employer's Representative Error Notification
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Notice of Dissatisfaction (NOD)
Notice of Dissatisfaction (NOD)
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Finality of Determinations
Finality of Determinations
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Partial Disagreement in NOD
Partial Disagreement in NOD
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Finality of Undisputed Parts
Finality of Undisputed Parts
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Non-compliance and Arbitration
Non-compliance and Arbitration
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Management Meetings
Management Meetings
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Meeting Records
Meeting Records
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Contractor's Execution of Works
Contractor's Execution of Works
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Language of Communication
Language of Communication
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Subcontract Value Limit
Subcontract Value Limit
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Contractor's Subcontractor Management
Contractor's Subcontractor Management
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Contractor's Notice to Employer
Contractor's Notice to Employer
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Contractor's Subcontractor Coordination
Contractor's Subcontractor Coordination
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Study Notes
FIDIC 2017 Conditions of Contract for EPC/Turnkey Projects
- Subcontractor's appointment requires detailed particulars including relevant experience, work commencement, and site commencement
- "Nominated Subcontractor" defined as one named in Employer's Requirements or instructed by Employer under Provisional Sums
- Contractor can object to nominated Subcontractor within 14 days with detailed reasons
- Contractor entitled to EOT and/or payment for delay/cost due to Employer's instruction causing unforeseeable cooperation issues
- Contractor responsible for setting out works, verifying accuracy of reference items, and rectifying errors in positioning
- Contractor obligated to comply with health and safety regulations and laws, directives, and care for all persons on the Site
- Contractor to provide fencing, lighting, safe access, and temporary works for public and adjacent land/property protection
- Submission of health and safety manual required within 21 days of Commencement Date
- JV members also obligated to comply with health and safety regulations and laws
- Contractor to prepare and implement a Compliance Verification System to demonstrate compliance with the Contract
- Compliance Verification System to include reporting method for inspection and test results
- Non-compliance with the Contract triggers application of Sub-Clause 7.5 [Defects and Rejection]
FIDIC EPC/Turnkey Projects Contract - Key Provisions
- The Employer's Representative must immediately advise the Parties of any typographical, clerical, or arithmetical errors found within 14 days after giving or receiving the notice of agreement or determination.
- If dissatisfied with the Employer's Representative's determination, a Party may give a Notice of Dissatisfaction (NOD) within 28 days, and if no NOD is given, the determination is deemed final and binding.
- If only part of the determination is disputed, that part must be clearly identified in the NOD, and the remainder becomes final and binding.
- Failure to comply with the agreement or determination may lead to arbitration under Sub-Clause 21.6 without prejudice to other rights.
- Either Party may require the other to attend a management meeting to discuss future work and other matters, and records of these meetings must be kept and distributed to attendees.
- The Contractor is obligated to execute the Works in accordance with the Contract and ensure they are fit for their intended purpose.
- All involved parties must be fluent in the language for communications as defined in the Contract.
- The Contractor may not subcontract works with a total accumulated value greater than the percentage stated in the Contract Data or any part of the Works for which subcontracting is not permitted.
- The Contractor is responsible for managing, coordinating, and ensuring the work of all Subcontractors complies with the Contract.
- The Contractor must give the Employer a Notice not less than 28 days before exercising certain powers as specified in the Contract Data.
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Description
Test your knowledge of the key provisions and obligations outlined in the FIDIC 2017 Conditions of Contract for EPC/Turnkey Projects, including subcontractor appointment, compliance verification system, dispute resolution, and management meetings.
