R 2017

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Questions and Answers

What should the Contractor provide detailed descriptions of?

Only the health and safety statistics

Progress and each stage of Contractor’s operations (correct)

Only progress on and off the Site

Only the name of the manufacturer and manufacture location

Who are the authorised persons limited to on the Site?

Contractor’s Personnel and the Employer's other contractors

Contractor’s Personnel, Employer’s Personnel, and other identified authorised personnel (correct)

Contractor’s Personnel and the Employer’s Personnel

Contractor’s Personnel and the Engineer

What should the Contractor provide in relation to the manufacture of each main item of Plant and Materials?

Only the expected dates of shipment and arrival at the Site

Manufacturer name, manufacture location, percentage progress, and actual or expected dates of various stages (correct)

Only the name of the manufacturer

Only the percentage progress

What documents should the Contractor provide copies of?

Quality management documents, inspection reports, test results, and compliance verification documentation (B) Signup and view all the answers

What should the Contractor provide comparisons of?

Actual and planned progress, with details of any events or circumstances affecting completion (B) Signup and view all the answers

What should the Contractor do to keep unauthorised persons off the Site?

Take necessary precautions (A) Signup and view all the answers

What areas should the Contractor confine the operations to?

The Site and additional areas acknowledged by the Engineer (B) Signup and view all the answers

Who can identify other personnel as authorised personnel?

Employer or the Engineer (C) Signup and view all the answers

What should the Contractor do with Contractor’s Equipment and Personnel?

Keep them within the Site and additional areas, and off adjacent land (D) Signup and view all the answers

What does 'physical conditions' refer to in Sub-Clause 4.12.1?

Natural physical conditions and physical obstructions encountered at the Site (C) Signup and view all the answers

What action should the Contractor take upon discovering unforeseeable physical conditions?

Give a Notice to the Engineer (A) Signup and view all the answers

What is the purpose of the Notice to the Engineer regarding unforeseeable physical conditions?

To inform about adverse effects on progress and cost (D) Signup and view all the answers

What is the Engineer required to do upon receipt of the Contractor's Notice?

Review the correctness and sufficiency of the Accepted Contract Amount (C) Signup and view all the answers

What does the term 'Unforeseeable' imply in the context of physical conditions?

Conditions that could not have been anticipated (D) Signup and view all the answers

What is excluded from the definition of 'physical conditions' in Sub-Clause 4.12.1?

Climatic conditions at the Site (B) Signup and view all the answers

What should the Contractor satisfy himself/herself about regarding the Accepted Contract Amount?

Correctness and sufficiency (B) Signup and view all the answers

What is the contractor responsible for in terms of providing notices to the engineer?

Giving a notice at least 21 days before delivering any plant or major goods to the site (D) Signup and view all the answers

What is the contractor accountable for in terms of goods required for the works?

Packing, transporting, and customs clearance of all goods required for the works (A) Signup and view all the answers

What is the contractor's responsibility regarding the environment?

Taking measures to protect the environment and comply with the environmental impact statement for the works (D) Signup and view all the answers

What must the contractor ensure regarding their activities and pollutant levels?

Ensuring that their activities do not exceed specified pollutant levels or those prescribed by applicable laws (D) Signup and view all the answers

What is the contractor responsible for in terms of temporary utilities?

Providing temporary utilities, unless otherwise stated in the specification (C) Signup and view all the answers

What is the contractor's responsibility regarding the security of the site?

The contractor is responsible for the security of the site and must ensure that the site is secure (D) Signup and view all the answers

What must the contractor indemnify the employer against?

Damages and expenses related to the import, transport, and handling of goods (D) Signup and view all the answers

What is the Contractor entitled to if they suffer delay or incur costs due to physical conditions?

An extension of time and/or payment, subject to specific clauses (A) Signup and view all the answers

What should the Contractor do regarding the convenience of the public or access to roads and footpaths?

Not interfere unnecessarily or improperly (A) Signup and view all the answers

What is the Contractor responsible for in terms of access routes to the Site?

Being satisfied as to the suitability and availability (A) Signup and view all the answers

What is the Contractor's responsibility regarding the prevention of damage to roads or bridges?

Take necessary measures to prevent damage (A) Signup and view all the answers

When is the Contractor entitled to an extension of time and/or payment due to non-suitability or non-availability of an access route?

If it arises due to changes by the Employer or a third party after the Base Date (C) Signup and view all the answers

What must the Contractor comply with for transport of goods?

Specific requirements (B) Signup and view all the answers

What should the Engineer do regarding physical conditions before they are disturbed?

Responsible for inspecting and investigating promptly (D) Signup and view all the answers

Who is responsible for inspecting and investigating physical conditions promptly and before they are disturbed?

The Engineer (C) Signup and view all the answers

When the Contractor suffers delay or incurs costs due to physical conditions, what are they entitled to?

An extension of time and/or payment (D) Signup and view all the answers

Who must comply with any instructions given by the Engineer for dealing with physical conditions?

The Contractor (D) Signup and view all the answers

Who is responsible for bearing the costs for special and/or temporary rights-of-way required for the Works?

The Contractor (C) Signup and view all the answers

Who must take necessary measures to prevent roads or bridges from being damaged by their traffic or personnel?

The Contractor (A) Signup and view all the answers

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?

Entitled to an extension of time and/or payment (A) Signup and view all the answers

Who is responsible for complying with specific requirements for the transport of goods?

The Contractor (B) Signup and view all the answers

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.

R 2017 - 6

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