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Questions and Answers
What happens if the Employer fails to issue the Performance Certificate within the specified timeframe?
What happens if the Employer fails to issue the Performance Certificate within the specified timeframe?
- The Contractor's obligations are considered completed without the Performance Certificate
- The Contractor can claim double the contract price
- The Contractor can terminate the contract immediately
- The Performance Certificate shall be deemed to have been issued after 28 days (correct)
When is the Performance Certificate deemed to constitute acceptance of the Works?
When is the Performance Certificate deemed to constitute acceptance of the Works?
- At the completion of the Defects Notification Periods
- After the Contractor has completed and tested all the Works
- When the Contractor has supplied all the Contractor's Documents
- Only upon issuance of the Performance Certificate (correct)
How is the Cost of the search plus reasonable profit determined under Sub-Clause 11.2?
How is the Cost of the search plus reasonable profit determined under Sub-Clause 11.2?
- Agreed or determined in accordance with Sub-Clause 3.5 (correct)
- Determined by the Employer's representative
- Based on the Contractor's estimate
- Calculated as a percentage of the Contract Price
When should the Employer issue the Performance Certificate according to the text?
When should the Employer issue the Performance Certificate according to the text?
What does the Performance Certificate signify?
What does the Performance Certificate signify?
Under what circumstances is the Cost of the search plus reasonable profit added to the Contract Price?
Under what circumstances is the Cost of the search plus reasonable profit added to the Contract Price?
What is the significance of the Performance Certificate according to Sub-Clause 11.9?
What is the significance of the Performance Certificate according to Sub-Clause 11.9?
If the Contractor suffers delay and incurs additional cost due to changes in legislation, what is the Contractor entitled to?
If the Contractor suffers delay and incurs additional cost due to changes in legislation, what is the Contractor entitled to?
Under what condition can the Contract Price be adjusted for rises or falls in the cost of labor, Goods, and other inputs to the Works?
Under what condition can the Contract Price be adjusted for rises or falls in the cost of labor, Goods, and other inputs to the Works?
In the absence of specific instructions in the Particular Conditions, when is the Contractor entitled to an advance payment?
In the absence of specific instructions in the Particular Conditions, when is the Contractor entitled to an advance payment?
Who is responsible for paying taxes, duties, and fees required under the Contract?
Who is responsible for paying taxes, duties, and fees required under the Contract?
What action should the Employer take upon receiving notice of delay and additional cost due to changes in legislation?
What action should the Employer take upon receiving notice of delay and additional cost due to changes in legislation?
When is the Contract Price subject to adjustments?
When is the Contract Price subject to adjustments?
What is the purpose of the advance payment made by the Employer?
What is the purpose of the advance payment made by the Employer?
When can the Contract Price be adjusted for taxes, duties, and fees?
When can the Contract Price be adjusted for taxes, duties, and fees?
Who is responsible for making payments for the Works based on the Contract Price?
Who is responsible for making payments for the Works based on the Contract Price?
In EPC/Turnkey projects, when can the Employer initiate variations?
In EPC/Turnkey projects, when can the Employer initiate variations?
What can the Contractor do if unable to execute a variation due to specific reasons?
What can the Contractor do if unable to execute a variation due to specific reasons?
When can the Payment of the Contract Price be in more than one currency?
When can the Payment of the Contract Price be in more than one currency?
In what situations can Daywork basis be used?
In what situations can Daywork basis be used?
When must the Contractor submit accurate statements of resources used for daywork?
When must the Contractor submit accurate statements of resources used for daywork?
What happens after the Employer issues instructions for executing a variation?
What happens after the Employer issues instructions for executing a variation?
When can Provisional Sums be used?
When can Provisional Sums be used?
What is the consequence if the Contractor fails to clear the site upon receiving the Performance Certificate?
What is the consequence if the Contractor fails to clear the site upon receiving the Performance Certificate?
Under what circumstances are the Works or Section deemed to have passed Test after Completion?
Under what circumstances are the Works or Section deemed to have passed Test after Completion?
What is the consequence of unreasonable delay by the Employer to Tests after Completion?
What is the consequence of unreasonable delay by the Employer to Tests after Completion?
When is retesting required for Works or Section after completion?
When is retesting required for Works or Section after completion?
Under what condition is the Contractor liable to pay additional costs to the Employer?
Under what condition is the Contractor liable to pay additional costs to the Employer?
What happens if the Contractor unreasonably delays the Tests after Completion procedure?
What happens if the Contractor unreasonably delays the Tests after Completion procedure?
What is the consequence if the Contractor unreasonably delays the Employer in permitting access to Works or Plant?
What is the consequence if the Contractor unreasonably delays the Employer in permitting access to Works or Plant?
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Study Notes
Contractual Obligations After Performance Certificate Issuance
- Parties remain liable for unfulfilled obligations after Performance Certificate issuance
- Contract shall be deemed to remain in force for determining unperformed obligations
- Contractor must clear site upon receiving Performance Certificate
- Employer may sell or dispose of remaining items if not removed within 28 days
- Tests after Completion procedure applies if specified in the Contract
- Tests after Completion to be carried out in presence of Employer's and/or Contractor's Personnel
- Contractor entitled to payment for unreasonable delay by Employer to Tests after Completion
- Works or Section deemed to have passed Test after Completion if not completed within Defects Notification Period
- Retesting required if Works or Section fail Tests after Completion
- Contractor liable to pay additional costs to Employer for failure and retesting
- Works or Section deemed to have passed Tests after Completion if relevant sum payable as non-performance damages is paid by Contractor
- Contractor entitled to payment for additional costs due to unreasonable delay by Employer in permitting access to Works or Plant
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