Comparison 1999

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52 Questions

Which contract form is recommended for building and engineering works designed by the Employer or his representative, the Engineer?

Red Book (1999)

Which contract form is recommended for the provision of electrical and/or mechanical plant and for the design and execution of building or engineering works?

Yellow Book (1999)

Under which contract form may the works include some elements of Contractor designed civil, mechanical, electrical?

Red Book (1999)

Which contract form is reputed as the leading contract in international engineering and construction projects for building and engineering works designed by the Employer or his representative, the Engineer?

Red Book (1999)

Who is responsible for scrutinizing the Employer's Requirements and proposing arrangements and methods for the execution of the Works?

The Contractor

Who is responsible for determining the application of variations and adjustments if an error, fault, or defect is found in the Employer's Requirements?

The Engineer

Who is responsible for submitting the Contractor’s Documents for coordination and giving notice of any errors found in certain portions of the Employer's Requirements?

The Contractor

Who is responsible for ensuring that the Works are fit for their intended purposes and for submitting the necessary documents and manuals for operation and maintenance?

The Contractor

Who is responsible for the correctness of certain portions of the Employer's Requirements and data provided?

The Employer

Who is responsible for the design and execution of the Works?

The Contractor

Who is responsible for paying all taxes, duties, and fees required under the Contract?

The Contractor

Who is required to submit 'as-built' documents and operation and maintenance manuals prior to the commencement of the Tests on Completion?

The Contractor

Who is responsible for ensuring that the Works are fit for their intended purposes as specified in the Contract?

The Contractor

Who shall pay all taxes, duties, and fees required to be paid under the Contract, and the Contract Price shall not be adjusted for any of these costs except as stated in Sub-Clause 13?

The Contractor

Who is responsible for any errors, inaccuracies, or omissions in the Employer's Requirements as originally included in the Contract?

The Employer

Who is responsible for certain portions of the Employer's Requirements, and the Contractor is responsible for submitting the Contractor’s Documents for coordination and giving notice of any errors found?

The Employer

Who is responsible for the design and execution of the project under the FIDIC Silver Book (1999)?

The Contractor

What type of projects is the FIDIC Silver Book (1999) suitable for?

Turnkey projects

Who is responsible for the contract administration under the FIDIC Silver Book (1999)?

The Engineer

What does the Contractor bear the majority of, in terms of risks under the FIDIC Silver Book (1999)?

Errors in setting out data and unforeseeable difficulties or costs

What is the responsibility of the Contractor regarding the design of the works under the FIDIC Silver Book (1999)?

Responsible for the design of the works

Who is responsible for the accuracy of the Employer's Requirements under the FIDIC Silver Book (1999)?

The Contractor

What does the Contractor need to do before submitting the name and particulars of each proposed designer and design Subcontractor to the Engineer under the FIDIC Silver Book (1999)?

Obtain consent from the Engineer

What is the Contractor responsible for regarding defects in the Works under the FIDIC Silver Book (1999)?

Remedy any defects in the Works

What is the Contractor responsible for regarding the design of each item of Plant and Materials under the FIDIC Silver Book (1999)?

Responsible for the design of each item of Plant and Materials

What is the Contractor responsible for regarding the necessary experience and capability for the design under the FIDIC Silver Book (1999)?

Warrant that their designers and design Subcontractors have the necessary experience and capability for the design

What type of projects may require a longer period for tender preparation under the FIDIC Silver Book (1999)?

Projects requiring extensive site inspection and examination of data

Why can the tender time be relatively short under the FIDIC Silver Book (1999)?

Contractor's responsibility for design and execution

Who is responsible for paying all taxes, duties, and fees under the contract?

The contractor

What happens if there are changes in legislation?

The contract price is subject to adjustment

When does the contractor submit a proposed breakdown of each lump sum price?

To the engineer for payment certificates preparation

Under what condition is the contractor's equipment exempt from import duties and taxes?

Imported solely for executing the contract

When is the employer required to make an interest-free advance payment for mobilization?

When the contractor submits a guarantee

When does the engineer issue an interim payment certificate for the first installment?

After the employer receives the performance security and a guarantee

When must the contractor submit a statement detailing the amounts entitled?

After the end of the payment period

When does the employer pay the first installment?

After receiving a statement, performance security, and a guarantee

To whom must the contractor submit a statement after the end of each month?

To the engineer

What happens if the contract includes a schedule of payments?

The contract price will be paid in the specified installments

Are the provisions for measurement and evaluation in the schedule of quantities applicable for other purposes?

No, they may not be applicable for other purposes

What can the engineer consider when preparing payment certificates?

The breakdown provided by the contractor for lump sum prices

Who may agree or determine revised instalments if the actual progress is not defined?

The Engineer

What should the Contractor do if the Contract does not include a schedule of payments?

Submit non-binding estimates of the payments for each quarterly period

For what reasons is the Contractor entitled to claim Extension of Time (EOT) or Associated Costs?

Errors in Setting Out data

Under what conditions is the Contractor entitled to Extension of Time (EOT) for completion of the Works?

Delays caused by Variations

Who is responsible for carrying out the Tests on Completion?

The Contractor

If the Contractor fails to carry out the Tests on Completion, who is responsible for this task?

The Engineer

What happens if the Contract Price instalments are not defined by actual progress?

Revised instalments may be agreed or determined

What is the Contractor entitled to claim Extension of Time (EOT) for?

Unforeseen Site risks

Who can determine the revised instalments if the actual progress is not defined?

The Engineer or Employer

What must the Contractor do before carrying out each of the Tests on Completion?

Give the Engineer at least 21 days' notice

If completion for Taking Over of the Works is delayed by the Employer, who is entitled to Extension of Time (EOT)?

The Contractor

If the Contract includes a Schedule of Payments, are the instalments quoted the actual contract values?

No, they are the estimated contract values

Study Notes

Contract Payment Schedule and Extension of Time Claims

  • The contract includes a Schedule of Payments specifying the instalments in which the Contract Price will be paid.
  • The instalments quoted in the Schedule of Payments are the estimated contract values, and if not defined by actual progress, the Engineer or Employer may agree or determine revised instalments.
  • If the Contract does not include a schedule of payments, the Contractor shall submit non-binding estimates of the payments for each quarterly period.
  • The Contractor is entitled to claim Extension of Time (EOT) or Associated Costs for errors in Setting Out data, Site data, Unforeseen Site risks, and others.
  • The Contractor is entitled to EOT if completion for Taking Over of the Works is delayed by causes such as Variations, delays under Conditions, or by the Employer, the Employer’s Personnel, or other contractors on the Site.
  • The Contractor is responsible for carrying out the Tests on Completion and must give the Engineer at least 21 days' notice before carrying out each of the Tests on Completion.

This quiz covers the contract payment schedule, including the process for determining revised instalments, as well as the contractor's entitlement to claim Extension of Time (EOT) and associated costs for various reasons. It also includes the responsibilities of the contractor regarding Tests on Completion.

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