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What is the time frame within which the affected Party should give Notice of an Exceptional Event?
Which obligations are the affected Party excused from due to an Exceptional Event?
If the Exceptional Event has a continuing effect, how often should the affected Party give further Notices describing the effect?
When can either Party give a Notice of termination of the Contract due to an Exceptional Event?
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What happens if the affected Party fails to give a Notice when the affected Party ceases to be affected by the Exceptional Event?
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What is the entitlement of the Contractor if delay or Cost is incurred due to the Exceptional Event?
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When can the affected Party be excused from performance of the prevented obligations if the Notice is received after the initial 14-day period?
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What should the Contractor submit after the date of termination of the Contract due to an Exceptional Event?
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What happens if the affected Party ceases to be affected by the Exceptional Event but fails to give a Notice to the other Party?
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Who is responsible for rectifying any loss or damage to the Works, Goods, or Contractor's Documents at their own risk and cost to comply with the Contract?
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When is the Contractor liable for any loss or damage caused to the Works, Goods, or Contractor's Documents?
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For which of the following events is the Contractor not liable?
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What must the Contractor do in case of damage caused by specific events?
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When is the Contractor entitled to a proportion of Extension of Time (EOT) and/or Cost Plus Profit?
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Who shall be indemnified by the Employer against any claim alleging an infringement that is an unavoidable result of the Contractor’s compliance with the Specification and Drawings and/or any Variation?
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Who shall indemnify and hold the Employer harmless against any claim alleging an infringement arising out of or in relation to the Contractor's design?
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According to FIDIC 2017 General Conditions, which party must indemnify and hold harmless the other against acts, errors, or omissions that result in the completed Works not being fit for their intended purpose?
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In which circumstances must the Employer indemnify and hold harmless the Contractor and their personnel against third party claims for bodily injury, sickness, disease, death, or property damage arising from the Contractor's execution of the Works?
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Who may assume overall responsibility for negotiating claim settlements or litigation arising from indemnification, with the other Party's assistance?
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Under what circumstances is the Contractor's liability to indemnify the Employer reduced proportionately?
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When is the Employer's liability to indemnify the Contractor reduced proportionately?
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What are Exceptional Events, as defined in the FIDIC 2017 General Conditions?
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If an affected Party is prevented from performing obligations due to an Exceptional Event, what must they do?
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Who is responsible for the care of the Works, Goods, and Contractor’s Documents from the Commencement Date until the Date of Completion of the Works?
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When does responsibility for the care of the Works pass to the Employer?
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When is the Contractor no longer responsible for the care of the Works?
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For how long is the Contractor responsible for the care of any outstanding work after the responsibility has passed to the Employer?
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Under what circumstances is the Contractor relieved from the responsibility for the care of the Works?
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In case of loss or damage to the Works, Goods, or Contractor’s Documents, who is responsible for their care?
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When does the Contractor take responsibility for the care of outstanding work after the responsibility has passed to the Employer?
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When does the responsibility for the care of the Works pass to the Employer?
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When does the Contractor cease to be responsible for the care of the Works?
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When is the Contractor responsible for the care of any outstanding work after the responsibility has passed to the Employer?
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Under what circumstances does the responsibility for the care of any Section or Part pass to the Employer?
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When does the responsibility for the care of the Works, Goods, and Contractor’s Documents pass to the Employer?
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When does the Contractor take full responsibility for the care of the Works, Goods, and Contractor’s Documents?
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When is the Contractor responsible for the care of any work outstanding on the Date of Completion?
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Study Notes
Contractor and Employer Indemnification under FIDIC 2017 General Conditions
- The Contractor must indemnify and hold harmless the Employer against any acts, errors, or omissions that result in the completed Works not being fit for their intended purpose.
- The Employer must indemnify and hold harmless the Contractor and their personnel against third party claims for bodily injury, sickness, disease, death, or property damage arising from the Contractor's execution of the Works, unless due to negligence, wilful act, or breach of contract by the Employer.
- The indemnifying Party may assume overall responsibility for negotiating claim settlements or litigation arising from indemnification, with the other Party's assistance.
- The Contractor's liability to indemnify the Employer is reduced proportionately if events described in Sub-Clause 17.2 contributed to the damage, loss, or injury.
- Similarly, the Employer's liability to indemnify the Contractor is reduced proportionately if events for which the Contractor is responsible may have contributed to the damage, loss, or injury.
- Exceptional Events, defined as events beyond a Party's control and not substantially attributable to the other Party, may include war, rebellion, terrorism, strikes, natural catastrophes, and more.
- If an affected Party is prevented from performing obligations due to an Exceptional Event, they must give notice to the other Party specifying the prevented obligations.
- The Contractor's indemnification liability is reduced proportionately to the extent that events described in Sub-Clause 17.2 contributed to the damage, loss, or injury.
- The Employer's liability to indemnify the Contractor is reduced proportionately to the extent that events for which the Contractor is responsible may have contributed to the damage, loss, or injury.
- Exceptional Events, defined as events beyond a Party's control and not substantially attributable to the other Party, may include war, rebellion, terrorism, strikes, natural catastrophes, and more.
- If an affected Party is prevented from performing obligations due to an Exceptional Event, they must give notice to the other Party specifying the prevented obligations.
- The Contractor's indemnification liability is reduced proportionately to the extent that events described in Sub-Clause 17.2 contributed to the damage, loss, or injury.
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Description
Explore the principles of indemnification for the Contractor and Employer under the FIDIC 2017 General Conditions, including their liabilities, reduction proportionately, exceptional events, and prevented obligations.
