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Questions and Answers
What should the Contractor provide detailed descriptions of?
What should the Contractor provide detailed descriptions of?
Who are the authorised persons limited to on the Site?
Who are the authorised persons limited to on the Site?
What should the Contractor provide in relation to the manufacture of each main item of Plant and Materials?
What should the Contractor provide in relation to the manufacture of each main item of Plant and Materials?
What documents should the Contractor provide copies of?
What documents should the Contractor provide copies of?
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What should the Contractor provide comparisons of?
What should the Contractor provide comparisons of?
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What should the Contractor do to keep unauthorised persons off the Site?
What should the Contractor do to keep unauthorised persons off the Site?
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What areas should the Contractor confine the operations to?
What areas should the Contractor confine the operations to?
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Who can identify other personnel as authorised personnel?
Who can identify other personnel as authorised personnel?
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What should the Contractor do with Contractor’s Equipment and Personnel?
What should the Contractor do with Contractor’s Equipment and Personnel?
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What does 'physical conditions' refer to in Sub-Clause 4.12.1?
What does 'physical conditions' refer to in Sub-Clause 4.12.1?
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What action should the Contractor take upon discovering unforeseeable physical conditions?
What action should the Contractor take upon discovering unforeseeable physical conditions?
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What is the purpose of the Notice to the Engineer regarding unforeseeable physical conditions?
What is the purpose of the Notice to the Engineer regarding unforeseeable physical conditions?
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What is the Engineer required to do upon receipt of the Contractor's Notice?
What is the Engineer required to do upon receipt of the Contractor's Notice?
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What does the term 'Unforeseeable' imply in the context of physical conditions?
What does the term 'Unforeseeable' imply in the context of physical conditions?
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What is excluded from the definition of 'physical conditions' in Sub-Clause 4.12.1?
What is excluded from the definition of 'physical conditions' in Sub-Clause 4.12.1?
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What should the Contractor satisfy himself/herself about regarding the Accepted Contract Amount?
What should the Contractor satisfy himself/herself about regarding the Accepted Contract Amount?
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What is the contractor responsible for in terms of providing notices to the engineer?
What is the contractor responsible for in terms of providing notices to the engineer?
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What is the contractor accountable for in terms of goods required for the works?
What is the contractor accountable for in terms of goods required for the works?
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What is the contractor's responsibility regarding the environment?
What is the contractor's responsibility regarding the environment?
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What must the contractor ensure regarding their activities and pollutant levels?
What must the contractor ensure regarding their activities and pollutant levels?
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What is the contractor responsible for in terms of temporary utilities?
What is the contractor responsible for in terms of temporary utilities?
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What is the contractor's responsibility regarding the security of the site?
What is the contractor's responsibility regarding the security of the site?
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What must the contractor indemnify the employer against?
What must the contractor indemnify the employer against?
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What is the Contractor entitled to if they suffer delay or incur costs due to physical conditions?
What is the Contractor entitled to if they suffer delay or incur costs due to physical conditions?
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What should the Contractor do regarding the convenience of the public or access to roads and footpaths?
What should the Contractor do regarding the convenience of the public or access to roads and footpaths?
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What is the Contractor responsible for in terms of access routes to the Site?
What is the Contractor responsible for in terms of access routes to the Site?
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What is the Contractor's responsibility regarding the prevention of damage to roads or bridges?
What is the Contractor's responsibility regarding the prevention of damage to roads or bridges?
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When is the Contractor entitled to an extension of time and/or payment due to non-suitability or non-availability of an access route?
When is the Contractor entitled to an extension of time and/or payment due to non-suitability or non-availability of an access route?
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What must the Contractor comply with for transport of goods?
What must the Contractor comply with for transport of goods?
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What should the Engineer do regarding physical conditions before they are disturbed?
What should the Engineer do regarding physical conditions before they are disturbed?
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Who is responsible for inspecting and investigating physical conditions promptly and before they are disturbed?
Who is responsible for inspecting and investigating physical conditions promptly and before they are disturbed?
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When the Contractor suffers delay or incurs costs due to physical conditions, what are they entitled to?
When the Contractor suffers delay or incurs costs due to physical conditions, what are they entitled to?
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Who must comply with any instructions given by the Engineer for dealing with physical conditions?
Who must comply with any instructions given by the Engineer for dealing with physical conditions?
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Who is responsible for bearing the costs for special and/or temporary rights-of-way required for the Works?
Who is responsible for bearing the costs for special and/or temporary rights-of-way required for the Works?
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Who must take necessary measures to prevent roads or bridges from being damaged by their traffic or personnel?
Who must take necessary measures to prevent roads or bridges from being damaged by their traffic or personnel?
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What must the Contractor do if non-suitability or non-availability of an access route arises due to changes by the Employer or a third party after the Base Date?
What must the Contractor do if non-suitability or non-availability of an access route arises due to changes by the Employer or a third party after the Base Date?
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Who is responsible for complying with specific requirements for the transport of goods?
Who is responsible for complying with specific requirements for the transport of goods?
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Study Notes
Contractor's Obligations and Responsibilities
- The Accepted Contract Amount should cover all the Contractor’s obligations under the Contract and everything necessary for proper execution of the Works.
- The Contractor must promptly provide the Engineer with information about physical conditions, their adverse effects, and reasons for considering them unforeseeable.
- The Engineer is responsible for inspecting and investigating physical conditions promptly and before they are disturbed.
- The Contractor must comply with any instructions given by the Engineer for dealing with the physical conditions, and if these instructions constitute a Variation, relevant clauses apply.
- If the Contractor suffers delay or incurs costs due to physical conditions, they are entitled to an extension of time and/or payment, subject to specific clauses.
- The agreement or determination of any claim related to delay and/or cost must consider whether the physical conditions were unforeseeable.
- The Contractor is responsible for bearing the costs for special and/or temporary rights-of-way required for the Works and obtaining additional facilities outside the Site.
- The Contractor must not interfere unnecessarily or improperly with the convenience of the public or access to roads and footpaths.
- The Contractor must continue execution of the Works using proper and reasonable measures, indemnify the Employer against damages resulting from interference, and be satisfied as to the suitability and availability of access routes to the Site.
- The Contractor shall take necessary measures to prevent roads or bridges from being damaged by their traffic or personnel.
- If non-suitability or non-availability of an access route arises due to changes by the Employer or a third party after the Base Date, and the Contractor suffers delay or incurs costs, they are entitled to an extension of time and/or payment.
- The Contractor must comply with specific requirements for the transport of goods and the non-suitability or non-availability of an access route due to changes by the Employer or a third party can entitle the Contractor to an extension of time and/or payment.
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Description
Learn about the obligations and responsibilities of contractors in construction contracts. Understand the necessary measures, indemnification, and entitlements related to physical conditions, access routes, and unforeseeable circumstances.
