R 2017

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Questions and Answers

What action should the Contractor take if no Key Personnel are stated in the Specification?

Proceed with the project without appointing Key Personnel

Seek consent from the Engineer for not appointing Key Personnel

Appoint the natural persons named in the Tender to the positions of Key Personnel (correct)

Request an extension for the appointment of Key Personnel

What is the consequence if the Engineer does not respond within 14 days after receiving the submission regarding the appointment of a person?

The Contractor must resubmit the appointment request

The Engineer's consent is deemed to have been given (correct)

The appointment is automatically revoked

The Contractor is required to find a replacement immediately

What is the restriction on the distribution of the document mentioned in the text?

Restricted for distribution to specific individuals only

Restricted for distribution within the country of origin

Restricted for distribution within the Lexis Nexis platform (correct)

Restricted for distribution within the contractor's organization

What is the purpose of submitting the name and particulars of another person to the Engineer?

To seek consent for appointing a replacement Key Personnel Signup and view all the answers

What is the consequence if the Engineer withholds consent for the appointed person?

The Contractor must submit a replacement for approval Signup and view all the answers

Under what condition does the Sub-Clause not apply?

If no Key Personnel are stated in the Specification Signup and view all the answers

What is the requirement if an appointed person fails to act in the position of Key Personnel?

Submit the name and particulars of another person to the Engineer for consent Signup and view all the answers

When does the Plant and Materials become the property of the Employer?

When it is delivered to the Site Signup and view all the answers

What is the Contractor responsible for paying unless otherwise stated in the Specification?

Royalties, rents, and other payments for natural Materials obtained from outside the Site Signup and view all the answers

When should the Engineer give a Notice to the Contractor stating the Commencement Date?

Not less than 14 days before the Commencement Date Signup and view all the answers

When should the Contractor submit the initial programme for the execution of the Works to the Engineer?

Within 28 days after receiving the Notice under Sub-Clause 8.1 Signup and view all the answers

What should the initial programme for the execution of the Works include?

The Commencement Date and the Time for Completion Signup and view all the answers

When should the Contractor commence the execution of the Works?

On, or as soon as is reasonably practicable after, the Commencement Date Signup and view all the answers

When should the Contractor complete the whole of the Works?

Within the Time for Completion for the Works Signup and view all the answers

When should the Contractor submit a revised programme which accurately reflects the actual progress of the Works?

Whenever any programme ceases to reflect actual progress or is otherwise inconsistent with the Contractor’s obligations Signup and view all the answers

How many copies of the initial programme and each revised programme should the Contractor submit to the Engineer?

One paper copy, one electronic copy, and additional paper copies as stated in the Contract Data Signup and view all the answers

Who has the authority to approve the temporary replacement of Key Personnel?

The Engineer Signup and view all the answers

Under what circumstances can the Contractor appoint Key Personnel without the Engineer’s consent?

In cases of resignation Signup and view all the answers

Who is responsible for providing all necessary resources for specified tests efficiently and properly?

The Contractor Signup and view all the answers

Who has full access to the site and natural material sources during working hours?

The Employer’s Personnel Signup and view all the answers

When must the Contractor notify the Engineer before covering up, putting out of sight, or packaging any materials, plant, or work for inspection?

Before covering up Signup and view all the answers

Who may vary the details of specified tests or instruct the Contractor to carry out additional tests?

The Engineer Signup and view all the answers

How much notice must the Engineer give the Contractor before attending tests?

At least 72 hours' notice Signup and view all the answers

Who is entitled to EOT and/or payment of Cost Plus Profit if the Contractor suffers delay and/or incurs Cost from complying with any instruction from the Engineer?

The Contractor Signup and view all the answers

What happens if the Engineer does not attend the specified tests?

The Engineer is deemed to have accepted the readings as accurate Signup and view all the answers

When is the Contractor required to bear the cost of all remedial work?

When the work is urgently required for the safety of the Works Signup and view all the answers

Under what condition is the Contractor entitled to payment for work if the Contractor fails to comply with the Engineer’s instruction?

If the failure is due to an Exceptional Event Signup and view all the answers

Who is entitled to payment of additional costs if rejection and retesting cause the Employer to incur additional costs?

The Employer Signup and view all the answers

What happens if the Contractor fails to promptly submit a proposal for necessary remedial work?

The Engineer may reject the Plant, Materials, or workmanship Signup and view all the answers

When can the Engineer instruct the Contractor to carry out any remedial work urgently required for the safety of the Works?

Because of an accident Signup and view all the answers

If the Engineer does not attend specified tests, what is the consequence?

The Contractor can proceed, and the Engineer will be deemed to have accepted the readings as accurate Signup and view all the answers

When is the Contractor entitled to an extension of time (EOT) and payment of costs?

If the Engineer causes delay or incurs costs due to the Contractor's compliance with instructions or delays for which the Employer is responsible Signup and view all the answers

What happens if the Contractor fails to promptly forward duly certified test reports to the Engineer?

The Engineer will be deemed to have accepted the reports as accurate Signup and view all the answers

Under what circumstances is the Contractor required to bear the cost of all remedial work?

If the Engineer's instruction for remedial work is related to safety Signup and view all the answers

What is the consequence if the Contractor fails to comply with the Engineer’s instruction for remedial work?

The Engineer will find an alternative solution at the Contractor's cost Signup and view all the answers

When is the Contractor responsible for payment of costs arising from the Contractor's failure to comply with the Engineer’s instruction?

If the Engineer does not object within 14 days to the Contractor's submission Signup and view all the answers

What happens if the Engineer endorses the Contractor’s test certificate upon passing specified tests?

The Engineer is deemed to have accepted the accuracy of the test results Signup and view all the answers

Study Notes

FIDIC 2017 Construction Contract Key Personnel and Work Execution

The Contractor cannot revoke or appoint Key Personnel without the Engineer’s consent, except in cases of death, illness, disability, or resignation.
Key Personnel must be based at the site or the location of the works throughout the execution of the works.
Temporary replacement of Key Personnel during their absence requires the Engineer’s prior consent.
Key Personnel must be fluent in the language for communications defined in Sub-Clause 1.4 [Law and Language].
The Contractor is responsible for the manufacture, supply, installation, testing, and commissioning of Plant, materials, and workmanship in a proper workmanlike manner.
The Contractor must submit samples of materials to the Engineer for consent before using them in the works.
The Employer’s Personnel have full access to the site and natural material sources during working hours.
The Employer’s Personnel are entitled to examine, inspect, measure, test materials, plant, and workmanship, and carry out other specified duties and inspections.
The Contractor must notify the Engineer before covering up, putting out of sight, or packaging any materials, plant, or work for inspection.
The Contractor is responsible for providing all necessary resources for specified tests efficiently and properly.
The Engineer may vary the details of specified tests or instruct the Contractor to carry out additional tests under Clause 13 [Variations and Adjustments].
The Engineer must give the Contractor at least 72 hours' notice of intention to attend tests.

Contractor's Obligations and Remedial Work in Construction Contracts

If the Engineer does not attend specified tests, the Contractor can proceed, and the Engineer will be deemed to have accepted the readings as accurate
The Contractor is entitled to an extension of time (EOT) and payment of costs if the Engineer causes delay or incurs costs due to the Contractor's compliance with instructions or delays for which the Employer is responsible
If the Contractor delays specified tests causing the Employer to incur costs, the Employer is entitled to payment of these costs by the Contractor
The Contractor must promptly forward duly certified test reports to the Engineer
The Engineer endorses the Contractor’s test certificate upon passing specified tests
If any part of the Works fails to pass a specified test, Sub-Clause 7.5 [Defects and Rejection] applies
If any Plant, Materials, design, or workmanship is found defective, the Engineer gives a Notice to the Contractor, who must promptly submit a proposal for necessary remedial work
If the Engineer does not object within 14 days, it is deemed as a Notice of No-objection
The Contractor must comply with the Engineer's instruction for remedial work and bear the cost, except for work required for safety due to an accident or unforeseeable event
After remedying defects, if retesting is required, it is at the Contractor’s risk and cost
If the Contractor fails to comply with the Engineer’s instruction, the Employer may employ others at the Contractor's cost
The Employer is entitled to payment by the Contractor for all costs arising from the Contractor's failure to comply with the Engineer’s instruction

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Description

This quiz covers the FIDIC 2017 Construction Contract clauses related to the appointment and responsibilities of Key Personnel, execution of works, specified tests, and the Contractor's obligations and remedial work. Test your knowledge of the key provisions and requirements in construction contracts.

R 2017 - 8