Y 2017

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Questions and Answers

What action should the Contractor take if an error, fault, or defect is found in the Employer’s Requirements after the specified period?

Consult with other contractors before notifying the Engineer

Give a Notice to the Engineer describing the error, fault, or defect (correct)

Wait for the Engineer to discover the error, fault, or defect

Proceed with the construction without informing the Engineer

When should the Contractor give a Notice to the Engineer if an error, fault, or defect is found in the Employer’s Requirements?

42 days from the Commencement Date, regardless of the Contract Data

Only within the period stated in the Contract Data

Within the period stated in the Contract Data or 42 days from the Commencement Date (correct)

At the completion of the project

What is the Engineer's responsibility upon receiving a Notice from the Contractor regarding an error, fault, or defect in the Employer’s Requirements?

Immediately terminate the contract with the Contractor

Ignore the Notice if the period stated in the Contract Data has expired

Proceed as specified under Sub-Clause 3.7 to agree or determine the situation (correct)

Request the Contractor to rectify the error, fault, or defect at their own cost

What should the Contractor consider when scrutinizing the Employer’s Requirements before submitting the Tender?

Whether an experienced contractor exercising due care would have discovered the error, fault, or defect Signup and view all the answers

Who is responsible for the design of the Works?

The Contractor Signup and view all the answers

What should the Contractor do upon discovery of any finding?

Notify the Engineer and await instructions Signup and view all the answers

Under what circumstances is the Contractor entitled to EOT and/or payment of Cost?

If the Contractor suffers delay and/or incurs Cost from complying with the Engineer’s instructions Signup and view all the answers

Who must the designers and design Subcontractors be available to attend discussions with?

The Engineer and/or the Employer Signup and view all the answers

What must the Contractor do with the wreckage, rubbish, and Temporary Works no longer required?

Promptly clear away and remove from the Site Signup and view all the answers

What should the Contractor do if the designers do not have the necessary experience, capability, and competence for the design?

Notify the Engineer Signup and view all the answers

Who is entitled to issue instructions for dealing with any findings?

The Engineer Signup and view all the answers

Who warrants that the designers and design Subcontractors have the necessary experience, capability, and competence for the design?

The Contractor Signup and view all the answers

What happens if the Engineer does not respond within 14 days after receiving a submission about a proposed subcontractor?

Consent is deemed to be given Signup and view all the answers

When must the Contractor notify the Engineer about the intended start date of each subcontractor's work?

At least 28 days before Signup and view all the answers

What is a 'Nominated Subcontractor' according to the contract?

A subcontractor named in the Employer's Requirements or instructed by the Engineer Signup and view all the answers

What must the Contractor ensure about the Accepted Contract Amount?

It is sufficient for the execution of the Works and based on all relevant data and interpretations Signup and view all the answers

What must the Contractor promptly notify to the Engineer during the execution of the Works?

Unforeseeable physical conditions encountered at the site, excluding climatic conditions Signup and view all the answers

When is the Contractor responsible for clearing away and removing equipment, surplus material, and hazardous waste from the site?

After the issue of a Taking-Over Certificate Signup and view all the answers

What is the Contractor's responsibility after the issue of a Taking-Over Certificate?

To leave the site clean and safe Signup and view all the answers

When may the Contractor retain necessary goods at agreed locations on the site?

During the Defects Notification Period (DNP) Signup and view all the answers

What should be done with any fossils, coins, or items of geological or archaeological interest found on the site?

Placed under the care and authority of the Employer Signup and view all the answers

When must the Contractor obtain a Performance Security?

Within 28 days of receiving the Letter of Acceptance Signup and view all the answers

What is the Contractor responsible for regarding the adequacy, stability, and safety of the Works?

Ensuring they meet the specified requirements Signup and view all the answers

Under what circumstances can the Contractor delegate powers, functions, and authority?

Subject to the Engineer’s consent and notification Signup and view all the answers

When can subcontractors be appointed by the Contractor?

Subject to the Engineer's prior consent Signup and view all the answers

What must the Contractor ensure about the Contractor’s Documents and design documents?

Retaining copyright and intellectual property rights Signup and view all the answers

When is the Contractor entitled to an Extension of Time (EOT) and/or payment of costs plus profit?

Due to errors, faults, or defects causing delay or incurring costs Signup and view all the answers

What should the Contractor submit details of to the Engineer?

Proposed arrangements and methods for executing the Works Signup and view all the answers

When can the Contractor make significant alterations to the proposed arrangements and methods for executing the Works?

Only with the Engineer's approval Signup and view all the answers

What is the Contractor responsible for if they do not complete the Works?

Appointing a suitable replacement temporarily, subject to the Engineer’s prior consent Signup and view all the answers

What is the validity period of the Performance Security?

Until the issue of the Performance Certificate and compliance with Sub-Clause 11.11 [Clearance of Site] Signup and view all the answers

What must the Contractor do before making any significant alterations to the proposed arrangements and methods for executing the Works?

Notify the Engineer and obtain approval Signup and view all the answers

Who may the Contractor delegate powers, functions, and authority to?

Competent individuals, subject to the Engineer’s consent and notification Signup and view all the answers

Study Notes

FIDIC 2017 Plant and Design-Build Contract - Key Points

The Contractor must obtain the Engineer's prior consent for proposed subcontractors, except for suppliers of materials or a subcontractor named in the contract.
If the Engineer does not respond within 14 days after receiving a submission about a proposed subcontractor, consent is deemed to be given.
The Contractor must notify the Engineer at least 28 days before the intended start date of each subcontractor's work.
"Nominated Subcontractor" is a subcontractor named in the Employer's Requirements or instructed by the Engineer under Sub-Clause 13.4.
The Contractor must ensure that the Accepted Contract Amount is sufficient for the execution of the Works and is based on all relevant data and interpretations.
Unforeseeable physical conditions, excluding climatic conditions, encountered at the site during the execution of the Works must be promptly notified to the Engineer by the Contractor.
The Contractor is responsible for clearing away and removing equipment, surplus material, and hazardous waste from the site after the issue of a Taking-Over Certificate.
The Contractor must leave the site clean and safe after the issue of a Taking-Over Certificate.
The Contractor may retain necessary goods at agreed locations on the site during the Defects Notification Period (DNP).
Any fossils, coins, or items of geological or archaeological interest found on the site shall be placed under the care and authority of the Employer.

Contractor's Obligations and Responsibilities Under FIDIC 2017

The Contractor is responsible for rectifying any errors or defects in documents prepared for the Works, at their own cost and risk.
The Contractor is required to provide the Plant, spare parts, Contractor’s Documents, and all other necessary personnel and materials to fulfill their obligations under the Contract.
The Works must meet the requirements specified in the Employer’s Requirements, Contractor’s Proposal, and Schedules, and the Contractor is responsible for their adequacy, stability, and safety.
The Contractor must obtain a Performance Security to ensure proper performance of the Contract, in the amount and currency stated in the Contract Data, and deliver it to the Employer within 28 days of receiving the Letter of Acceptance.
The Performance Security must remain valid and enforceable until the issue of the Performance Certificate and compliance with Sub-Clause 11.11 [Clearance of Site].
The Contractor is obliged to execute the Works in accordance with the Contract and ensure they are fit for their intended purpose as defined in the Employer’s Requirements.
The Contractor’s Representative may delegate powers, functions, and authority to competent individuals, subject to the Engineer’s consent and notification.
Subcontractors may be appointed by the Contractor, subject to the Engineer's prior consent, and the Contractor remains responsible for their work.
If the Contractor does not complete the Works, a suitable replacement must be temporarily appointed, subject to the Engineer’s prior consent.
The Contractor shall retain copyright and intellectual property rights in the Contractor’s Documents and design documents.
If the Contractor suffers delay or incurs costs due to errors, faults, or defects, they are entitled to an Extension of Time (EOT) and/or payment of such costs plus profit, subject to Sub-Clause 20.2 [Claims For Payment and/or EOT].
The Contractor must submit details of proposed arrangements and methods for executing the Works to the Engineer and cannot make significant alterations without the Engineer's approval.

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Description

Learn about key points and contractor's obligations under the FIDIC 2017 Plant and Design-Build Contract, including subcontractor consent, unforeseen conditions, site clearance, performance security, and intellectual property rights.

Y 2017 - 1

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