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Questions and Answers

In case of termination due to a force majeure event lasting 84 days, when does the termination take effect?

  • 84 days after the notice of termination
  • 56 days after the notice of termination
  • Immediately
  • 28 days after the notice of termination (correct)

What happens to the unpaid balance after termination?

  • The unpaid balance is used for insurance premiums
  • The Contractor forfeits the unpaid balance
  • The Contractor is entitled to payment of the unpaid balance (correct)
  • The Employer is entitled to the unpaid balance

What happens if the Contractor fails to provide evidence of insurance policies?

  • The Employer may effect insurance and recover the premiums from the Contractor (correct)
  • The Contractor is exempt from providing evidence of insurance policies
  • The Contractor is not liable for any damages
  • The Employer forfeits the right to require insurance

What is the next step if a Party is dissatisfied with the decision of the adjudicator?

<p>The dissatisfied Party may give notice of dissatisfaction within 28 days (A)</p> Signup and view all the answers

How is a dispute finally settled if it has been the subject of a notice of dissatisfaction?

<p>By a single arbitrator under the rules specified in the Appendix (B)</p> Signup and view all the answers

Where should any hearing related to arbitration be held?

<p>At the place specified in the Appendix (B)</p> Signup and view all the answers

According to the Contract Agreement, who is responsible for providing the Site and right of access at specified times?

<p>The Employer (D)</p> Signup and view all the answers

In the Contract Agreement, when must the Contractor seek consent for the person authorized to receive instructions on behalf of the Contractor?

<p>Before commencing any work (A)</p> Signup and view all the answers

What may be required from the Contractor within 14 days of the Commencement Date according to the Contract Agreement?

<p>Performance security (A)</p> Signup and view all the answers

According to the Contract Agreement, who has the authority to act for the Employer and carry out certain duties?

<p>The Employer's personnel (C)</p> Signup and view all the answers

In the Contract Agreement, what is the Contractor responsible for providing in accordance with the Contract?

<p>All necessary resources (A)</p> Signup and view all the answers

According to the Contract Agreement, what events are included in the Employer's Liabilities?

<p>War, hostilities, force majeure, and other unforeseeable natural events (D)</p> Signup and view all the answers

What is the definition of 'Materials' as per the provided text?

<p>Things of all kinds (other than Plant) intended to form or forming part of the permanent work (D)</p> Signup and view all the answers

What is the definition of 'Variation' in the context of the provided text?

<p>A change to the Specification and /or Drawings instructed by the Employer (B)</p> Signup and view all the answers

What does 'Site' refer to in the context of the provided text?

<p>Places provided by the Employer where the Works are to be executed (B)</p> Signup and view all the answers

What is included in the definition of 'Works' according to the provided text?

<p>All the work and design to be performed by the Contractor including temporary work and any Variation (C)</p> Signup and view all the answers

What is the interpretation of words importing singular or one gender as per the provided text?

<p>They include plural or the other gender where the context requires (A)</p> Signup and view all the answers

What is the priority of the documents in case of an ambiguity or discrepancy as per the provided text?

<p>The Employer shall issue any necessary instructions to the Contractor, and the priority of the documents shall be in accordance with the order as listed in the Appendix (B)</p> Signup and view all the answers

When are interim payments due?

<p>Within 28 days of statement delivery (D)</p> Signup and view all the answers

What is the employer's responsibility regarding retention payment?

<p>Half within 14 days of issuing a notice, and the remainder within 14 days of specified events (C)</p> Signup and view all the answers

Under what condition can the contractor terminate the contract?

<p>If the employer defaults in payment and the default persists (D)</p> Signup and view all the answers

What action can the employer take if the contractor fails to remedy a default within a specified time frame?

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

What is the contractor entitled to upon contract termination?

<p>Payment for executed works, materials, and plant delivered to the site, with adjustments (A)</p> Signup and view all the answers

What action can be taken in case of force majeure?

<p>Notify the other party and may suspend work as agreed (B)</p> Signup and view all the answers

What is the consequence if the Contractor fails to complete the Works within the Time for Completion?

<p>The Contractor is liable to pay the specified amount for each day of delay. (C)</p> Signup and view all the answers

What is the Employer's obligation if the Contractor considers the Works to be complete?

<p>The Employer shall notify the Contractor when they consider the Works to be complete or ready for taking over. (A)</p> Signup and view all the answers

Under what circumstances is the Contractor entitled to be paid for uncovering and/or testing of any work?

<p>If no defects are found during the uncovering and/or testing. (A)</p> Signup and view all the answers

What is the Contractor's responsibility regarding the value of Variations and claims?

<p>Submit an itemized make-up of the value of Variations and claims within 28 days of the instruction or event giving rise to the claim. (D)</p> Signup and view all the answers

What is the Employer's right regarding Variations?

<p>The Employer has the right to instruct Variations. (C)</p> Signup and view all the answers

What does the FIDIC Short Form of Contract provide a framework for?

<p>The completion, inspection, and payment for construction Works between the Contractor and the Employer. (B)</p> Signup and view all the answers

Flashcards

Time for Completion

The period allowed for the Contractor to finish the Works.

Commencement Date

The date when the Contractor begins the Works.

Programme for the Works

A schedule outlining the timeline for completing the Works.

Extension of Time

Additional time granted to the Contractor due to delays.

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Employer's Liabilities

Responsibilities of the Employer that may cause delays.

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Liability for Delay

Penalty for the Contractor if they exceed the Time for Completion.

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Notification of Completion

Process for the Contractor to inform the Employer of completed Works.

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Defects Notification

Employer's communication to the Contractor regarding issues in the Works.

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Remedying Defects

Contractor's responsibility to correct identified issues without extra cost.

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Variation Instructions

Directions from the Employer to change the Works.

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Valuation of Variations

Assessment of additional work's value as per the Contract methods.

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Prompt Notification

Quick communication regarding issues that could affect the Works.

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Claim Submission

Contractor’s requirement to present a detailed claim within a timeframe.

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Monthly Payment Entitlement

Contractor's right to receive payments at regular intervals.

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Value of Works

Assessment of the work completed and materials provided.

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Completion Inspection

Evaluation of the Works to confirm completion readiness.

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Taking Over

Process when the Employer assumes control of completed Works.

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Works Valuation Appendix

Document detailing how the Works are assessed.

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Construction Rights and Obligations

The legal responsibilities and privileges of both Contractor and Employer.

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Delay Circumstances

Situations that may affect the timeline of the Works.

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Specified Methods in the Contract

Agreed procedures for determining costs and values.

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Liability to Remedy

Contractor's duty to fix defects at no cost.

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Employer's Instruction

Directions given by the Employer regarding work or modifications.

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Testing of Work

Process to ensure quality of construction materials and methods.

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Defects Liability Period

Timeframe during which the Contractor must remedy defects.

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Contract Procedures

Methods and actions outlined in the Contract for handling different scenarios.

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Indicative Value Calculation

Estimation of costs for variations based on Contract terms.

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Study Notes

FIDIC Short Form of Contract - Key Provisions

  • Contractor is responsible for completing the Works within the Time for Completion, commencing the Works on the Commencement Date, and submitting a programme for the Works within the specified time.
  • The Contractor may be entitled to an extension to the Time for Completion if delayed by the Employer's Liabilities, and the Employer is obligated to consider the Contractor's application for extension.
  • If the Contractor fails to complete the Works within the Time for Completion, they are liable to pay the specified amount for each day of delay.
  • The Contractor may notify the Employer when they consider the Works to be complete, and the Employer shall notify the Contractor when they consider the Works to be complete or ready for taking over.
  • The Employer may notify the Contractor of any defects or outstanding work, and the Contractor is responsible for remedying defects at no cost to the Employer.
  • The Employer may give instruction for uncovering and/or testing of any work, and the Contractor shall be paid for such uncovering and/or testing as a Variation if no defects are found.
  • The Employer has the right to instruct Variations, and the valuation of Variations shall be determined as per the specified methods in the Contract.
  • A Party shall notify the other as soon as they are aware of any circumstance which may delay or disrupt the Works, and the Contractor's entitlement to extension to the Time for Completion or additional payment is subject to prompt notice and taking reasonable steps.
  • The Contractor shall submit to the Employer an itemized make-up of the value of Variations and claims within 28 days of the instruction or event giving rise to the claim, and the Employer shall check and agree or determine the value.
  • The Works shall be valued as provided for in the Appendix, subject to Clause 10, and the Contractor shall be entitled to be paid at monthly intervals for the value of the Works executed and the value of Materials and Plant delivered to the Site.
  • The Contract outlines provisions for extension of time, late completion, taking-over, remedying defects, variations and claims, valuation of the Works, and monthly payment entitlements for the Contractor.
  • The FIDIC Short Form of Contract provides a framework for the rights, obligations, and procedures governing the completion, inspection, and payment for construction Works between the Contractor and the Employer.

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Description

Test your knowledge of the key provisions in the FIDIC Short Form of Contract governing completion, inspection, and payment for construction Works between the Contractor and the Employer.

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