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R 99 - 11
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R 99 - 11

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What is the timeframe within which the Contractor must send a fully detailed claim to the Engineer?

  • Within 60 days after becoming aware of the event or circumstance giving rise to the claim
  • Within 28 days after becoming aware of the event or circumstance giving rise to the claim
  • Within 30 days after becoming aware of the event or circumstance giving rise to the claim
  • Within 42 days after becoming aware of the event or circumstance giving rise to the claim (correct)
  • If the event or circumstance giving rise to the claim has a continuing effect, what is the requirement for sending interim claims?

  • The Contractor shall send further interim claims at bi-weekly intervals
  • The Contractor shall send further interim claims at yearly intervals
  • The Contractor shall send further interim claims at quarterly intervals
  • The Contractor shall send further interim claims at monthly intervals (correct)
  • Within what timeframe must the Engineer respond to a claim or any further particulars supporting a previous claim?

  • Within 30 days after receiving a claim or any further particulars
  • Within 28 days after receiving a claim or any further particulars
  • Within 60 days after receiving a claim or any further particulars
  • Within 42 days after receiving a claim or any further particulars (correct)
  • What does the Engineer's response to a claim include?

    <p>Approval, or disapproval and detailed comments</p> Signup and view all the answers

    How does the Engineer proceed to agree or determine the extension of the Time for Completion and/or the additional payment to which the Contractor is entitled?

    <p>In accordance with Sub-Clause 3.5 [Determinations]</p> Signup and view all the answers

    How are disputes adjudicated?

    <p>By a DAB in accordance with Sub-Clause 20.4 [Obtaining Dispute Adjudication Board’s Decision]</p> Signup and view all the answers

    How is the DAB comprised?

    <p>As stated in the Appendix to Tender, either one or three suitably qualified persons</p> Signup and view all the answers

    If the DAB is to comprise three persons, how are the members appointed?

    <p>Each Party nominates one member for the approval of the other Party</p> Signup and view all the answers

    What is included in the agreement between the Parties and either the sole member or each of the three members of the DAB?

    <p>The General Conditions of Dispute Adjudication Agreement contained in the Appendix to the General Conditions</p> Signup and view all the answers

    What does the licensed copy mentioned in the text refer to?

    <p>A copy licensed to Mustafa USALAN</p> Signup and view all the answers

    According to the text, what does sub-paragraph (d) cover?

    <p>Loss or damage attributable to the use or occupation by the Employer of another part of the Works</p> Signup and view all the answers

    What does sub-paragraph (d) exclude, according to the text?

    <p>Loss or damage to parts of the Works in a defective condition due to a defect in design, materials, or workmanship</p> Signup and view all the answers

    According to the text, what does the licensed copy not cover?

    <p>Loss of, damage to, and reinstatement of parts of the Works in a defective condition</p> Signup and view all the answers

    What does the licensed copy specifically exclude, as per the text?

    <p>Loss or damage to parts of the Works in a defective condition due to a defect in design, materials, or workmanship</p> Signup and view all the answers

    According to the text, what does sub-paragraph (e) cover?

    <p>Loss or damage from the risks listed in sub-paragraphs (c), (g), and (h) of SubClause 17.3</p> Signup and view all the answers

    According to the text, what does sub-paragraph (e) exclude?

    <p>Risks which are not insurable at commercially reasonable terms</p> Signup and view all the answers

    What is the consequence for the Contractor if completion of the work is delayed due to Force Majeure?

    <p>Entitlement to an extension of time</p> Signup and view all the answers

    Under what circumstances can either party give notice of termination of the Contract due to Force Majeure?

    <p>If the execution of substantially all the Works in progress is prevented for a continuous period of 84 days</p> Signup and view all the answers

    What happens if the Contractor fails to give notice of a claim within 28 days?

    <p>The Time for Completion shall not be extended</p> Signup and view all the answers

    What action can the Engineer take after receiving a notice of claim from the Contractor?

    <p>Monitor the record-keeping and/or instruct the Contractor to keep further contemporary records</p> Signup and view all the answers

    Under what circumstances can either party be discharged from further performance of the Contract?

    <p>If any event or circumstance outside the control of the Parties arises which makes it impossible or unlawful to fulfill contractual obligations</p> Signup and view all the answers

    What is the entitlement for the Contractor if the Contract is terminated due to Force Majeure?

    <p>Payment for work done, Cost of Plant and Materials, and other reasonably incurred costs</p> Signup and view all the answers

    What is the time limit for the Contractor to give notice of a claim for extension of time and/or additional payment?

    <p>Not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance</p> Signup and view all the answers

    What is the definition of Force Majeure according to the text?

    <p>An event or circumstance beyond a Party’s control, which the Party could not reasonably have provided against before entering into the Contract.</p> Signup and view all the answers

    What does the Contractor need to do if the cover described in sub-paragraph (d) ceases to be available at commercially reasonable terms?

    <p>Give notice to the Employer, with supporting particulars.</p> Signup and view all the answers

    What is the limit per occurrence for insurance against liability for any loss, damage, death or bodily injury according to the text?

    <p>Not less than the amount stated in the Appendix to Tender.</p> Signup and view all the answers

    Under what conditions may the insurance against liability for claims, damages, losses and expenses exclude losses and claims?

    <p>To the extent that they arise from any act or neglect of the Employer or of the Employer’s Personnel.</p> Signup and view all the answers

    What is the time limit for giving notice of Force Majeure after becoming aware of the relevant event or circumstance according to the text?

    <p>Within 14 days</p> Signup and view all the answers

    What is the responsibility of each Party during Force Majeure according to the text?

    <p>Each Party shall use all reasonable endeavours to minimise any delay in the performance of the Contract.</p> Signup and view all the answers

    What does Force Majeure not apply to according to the text?

    <p>Obligations of either Party to make payments to the other Party under the Contract.</p> Signup and view all the answers

    What is the time limit for giving notice of Force Majeure after becoming aware of the relevant event or circumstance according to the text?

    <p>14 days</p> Signup and view all the answers

    What is the definition of Force Majeure according to the text?

    <p>An event or circumstance beyond a Party’s control, which the Party could not reasonably have provided against before entering into the Contract, and which the Party could not reasonably have avoided or overcome</p> Signup and view all the answers

    What does the insurance for Contractor’s Personnel need to cover according to the text?

    <p>Liability for claims, damages, losses, and expenses arising from injury, sickness, disease, or death of any person employed by the Contractor</p> Signup and view all the answers

    What is the responsibility of each Party during Force Majeure according to the text?

    <p>Both Parties are obligated to minimize any delay in the performance of the Contract as a result of Force Majeure, and the affected Party must give notice when it ceases to be affected by Force Majeure</p> Signup and view all the answers

    What does the Contractor need to do if the cover described in sub-paragraph (d) ceases to be available at commercially reasonable terms?

    <p>The Contractor must notify the Employer and may be entitled to payment if cover is not obtained</p> Signup and view all the answers

    Under what conditions may the insurance against liability for claims, damages, losses, and expenses exclude losses and claims?

    <p>If the insurance excludes liability to the extent that it arises from specific causes listed in Sub-Clause 17.3</p> Signup and view all the answers

    What is the timeframe within which the Contractor must send a fully detailed claim to the Engineer?

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

    If force majeure prevents the works for 84 continuous days or more than 140 days in total, what action can either party take?

    <p>Terminate the contract</p> Signup and view all the answers

    What is included in the Payment Certificate issued upon termination?

    <p>Amounts payable for work, cost of plant and materials, and other reasonably incurred costs or liabilities</p> Signup and view all the answers

    What is the consequence for the Contractor if they fail to give notice of a claim within 28 days?

    <p>Disqualification from an extension of time or additional payment</p> Signup and view all the answers

    What is the requirement for the Contractor in terms of record-keeping during force majeure?

    <p>They must keep necessary contemporary records and submit them to the Engineer only if requested</p> Signup and view all the answers

    Under what circumstance can the parties be discharged from further performance of the contract?

    <p>If an event or circumstance outside their control arises, making it impossible or unlawful to fulfill their contractual obligations</p> Signup and view all the answers

    What is the timeframe for the Contractor to give notice to the Engineer if they believe they are entitled to an extension of time or additional payment?

    <p>Within 28 days of becoming aware of the claim</p> Signup and view all the answers

    What is the consequence for the Contractor if they fail to submit required notices and supporting particulars for the claim?

    <p>They may lose the right to claim extension of time or additional payment</p> Signup and view all the answers

    Study Notes

    Force Majeure Consequences in Construction Contracts

    • Contractor is entitled to an extension of time for any delay caused by force majeure and payment of any related costs.
    • Engineer must proceed to agree or determine the matters after receiving a force majeure notice from the Contractor.
    • If a subcontractor has broader force majeure relief terms, it does not excuse the Contractor's non-performance or entitle them to relief.
    • If force majeure prevents the works for 84 continuous days or more than 140 days in total, either party can terminate the contract.
    • Upon termination, the Engineer determines the value of the work done and issues a Payment Certificate.
    • The Payment Certificate includes amounts payable for work, cost of plant and materials, other reasonably incurred costs or liabilities, removal cost of temporary works, and repatriation cost of staff and labor.
    • Parties can be discharged from further performance if an event or circumstance outside their control arises, making it impossible or unlawful to fulfill their contractual obligations.
    • If the Contractor believes they are entitled to an extension of time or additional payment, they must give notice to the Engineer within 28 days of becoming aware of the claim.
    • Failure to give notice within 28 days disqualifies the Contractor from an extension of time or additional payment, and the Employer is discharged from liability.
    • The Contractor must submit any other required notices and supporting particulars for the claim, along with keeping necessary contemporary records.
    • The Engineer may monitor the record-keeping and instruct the Contractor to keep further contemporary records.
    • The Contractor must permit the Engineer to inspect all records and, if instructed, submit copies to the Engineer.

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    Related Documents

    Red 1999-21-84-51-55.pdf

    Description

    Test your knowledge of the consequences of force majeure in construction contracts with this quiz. Explore topics such as entitlement to extension of time, payment for related costs, termination conditions, and notice requirements for claims.

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