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According to the Contract, which language takes priority for communications if not stated in the Contract Data?
In case of ambiguity or discrepancy in the documents forming the Contract, who is responsible for issuing necessary clarification or instruction?
Which document takes priority according to the sequence in case of conflict, ambiguity, or discrepancy?
When does the Contract come into full force and effect?
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What should the Employer's Representative do if no agreement is achieved within the time limit for agreement?
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When should the Employer's Representative give a Notice of agreement if agreement is achieved?
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What should the Notice of the Employer’s Representative’s Determination include?
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When should the Employer’s Representative give the Notice of his/her determination?
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What is the time limit for agreement under the Conditions of Contract for EPC/Turnkey Projects?
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When does the time limit for determination under the Conditions of Contract for EPC/Turnkey Projects start?
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What should the Employer’s Representative do if both Parties advise that no agreement can be achieved within the time limit for agreement?
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What should the Notice of the Employer’s Representative’s Determination state?
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Who can revoke delegated assignments or delegations?
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When does the delegation of tasks and authority to assistants take effect?
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Who can issue instructions, communications, and notices to the Contractor within the defined scope of delegation?
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What effect do acts by delegated persons have?
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If the Contractor questions any instruction or notice from a delegated person, what should they do?
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Who may issue instructions to the Contractor necessary for the execution of the Works in accordance with the Contract?
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When is the Contractor obligated to comply with the instructions given by the Employer’s Representative or a delegated assistant?
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What must the Contractor do before commencing any work related to an instruction that constitutes a Variation or does not comply with applicable Laws?
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When shall the Employer’s Representative give a Notice of the Parties’ Agreement?
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When does the Employer’s Representative act for the Employer when carrying out duties to agree or determine any matter or Claim?
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Who is responsible for stamp duties and similar charges related to the Contract Agreement?
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In case of a joint venture (JV) Contractor, who must sign the Contract Agreement?
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Under what circumstances can a party assign the whole or any part of the contract or any benefit without the prior agreement of the other party?
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Where are the Contractor's documents kept until submitted to the Employer?
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When must the Employer provide relevant data on the Site's conditions to the Contractor?
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Who must appoint the Employer’s Representative?
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What are the qualifications expected of the Employer’s Representative?
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What must the legal entity acting as the Employer’s Representative do in case of revocation of authority?
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When can the Employer replace the Employer’s Representative?
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Under what circumstance can the Employer not replace the Employer’s Representative with a person?
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When does the Contractor have the right to request evidence of the Employer’s financial arrangements?
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Who has the responsibility to provide relevant data on the Site's topography, sub-surface, hydrological, climatic, and environmental conditions to the Contractor before and after the Base Date?
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When can the Employer replace the Employer’s Representative?
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Who must appoint the Employer’s Representative?
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Under what circumstances can a party assign the whole or any part of the contract or any benefit without the prior agreement of the other party?
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Who is responsible for stamp duties and similar charges related to the Contract Agreement?
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When does the Contractor have the right to request evidence of the Employer’s financial arrangements?
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Under what circumstances can the Employer not replace the Employer’s Representative with a person?
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Who can issue instructions, communications, and notices to the Contractor within the defined scope of delegation?
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What must the legal entity acting as the Employer’s Representative do in case of revocation of authority?
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When should the Employer’s Representative give a Notice of replacement if the Employer wishes to replace the Employer’s Representative?
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Who is responsible for the custody of the Contractor's documents until submitted to the Employer?
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Study Notes
Contractor and Employer's Representative Duties and Authority Delegation
- The Employer or the Employer’s Representative can assign duties, delegate authority to assistants, and revoke such assignments or delegations by giving a Notice to the Contractor.
- The delegation of tasks and authority to assistants does not take effect until the Contractor receives the Notice.
- Assistants must be qualified, competent individuals, fluent in the communication language defined in the contract.
- Delegated persons can issue instructions, communications, and notices to the Contractor only within the scope defined by the Notice of delegation.
- Acts by delegated persons have the same effect as acts of the Employer, but do not relieve the Contractor from any duties or responsibilities under the contract.
- If the Contractor questions any instruction or notice from a delegated person, they can refer the matter to the Employer by giving a Notice.
- The Employer may issue instructions to the Contractor through the Employer’s Representative or a delegated assistant, necessary for the execution of the Works in accordance with the Contract.
- The Contractor is obligated to comply with the instructions given by the Employer’s Representative or a delegated assistant, unless it constitutes a Variation or does not comply with applicable Laws.
- If an instruction constitutes a Variation or does not comply with applicable Laws, the Contractor must give a Notice to the Employer with reasons before commencing any work related to the instruction.
- The Employer’s Representative shall consult with both Parties in an endeavor to reach agreement when carrying out duties to agree or determine any matter or Claim.
- If agreement is achieved within the time limit, the Employer’s Representative shall give a Notice of the Parties’ Agreement, signed by both Parties.
- The Employer’s Representative does not act for the Employer when carrying out duties to agree or determine any matter or Claim.
FIDIC 2017 General Conditions Summary
- Stamp duties and similar charges related to the Contract Agreement are the responsibility of the Employer.
- In case of a joint venture (JV) Contractor, the authorized representative of each JV member must sign the Contract Agreement.
- Neither party can assign the whole or any part of the contract or any benefit without the prior agreement of the other party, except for assignment as security in favor of a bank or financial institution.
- Contractor's documents are in the custody of the Contractor until submitted to the Employer, and the Contractor must supply specified paper and electronic copies to the Employer.
- The Employer must provide relevant data on the Site's topography, sub-surface, hydrological, climatic, and environmental conditions to the Contractor before and after the Base Date.
- Employer-Supplied Materials and/or Employer’s Equipment listed in the Employer’s Requirements must be made available to the Contractor as per the details and times stated.
- The Employer must appoint the Employer’s Representative, who acts on the Employer’s behalf under the Contract, except in the case of termination by the Employer.
- The Employer’s Representative must carry out assigned duties and exercise authority vested by the Employer and should be competent, act as a skilled professional, and be fluent in the ruling language.
- The Employer’s Representative, if a legal entity, must give notice of the natural person appointed and authorized to act on its behalf, and any revocation of such authority.
- If the Employer wishes to replace the Employer’s Representative, a Notice of replacement must be given to the Contractor not less than 14 days before the intended date of replacement.
- The Employer cannot replace the Employer’s Representative with a person against whom the Contractor has raised a reasonable objection.
- The Contractor has the right to request evidence of the Employer’s financial arrangements if not receiving payment or becoming aware of a material change in the Employer’s financial arrangements.
FIDIC 2017 General Conditions Summary
- Stamp duties and similar charges related to the Contract Agreement are the responsibility of the Employer.
- In case of a joint venture (JV) Contractor, the authorized representative of each JV member must sign the Contract Agreement.
- Neither party can assign the whole or any part of the contract or any benefit without the prior agreement of the other party, except for assignment as security in favor of a bank or financial institution.
- Contractor's documents are in the custody of the Contractor until submitted to the Employer, and the Contractor must supply specified paper and electronic copies to the Employer.
- The Employer must provide relevant data on the Site's topography, sub-surface, hydrological, climatic, and environmental conditions to the Contractor before and after the Base Date.
- Employer-Supplied Materials and/or Employer’s Equipment listed in the Employer’s Requirements must be made available to the Contractor as per the details and times stated.
- The Employer must appoint the Employer’s Representative, who acts on the Employer’s behalf under the Contract, except in the case of termination by the Employer.
- The Employer’s Representative must carry out assigned duties and exercise authority vested by the Employer and should be competent, act as a skilled professional, and be fluent in the ruling language.
- The Employer’s Representative, if a legal entity, must give notice of the natural person appointed and authorized to act on its behalf, and any revocation of such authority.
- If the Employer wishes to replace the Employer’s Representative, a Notice of replacement must be given to the Contractor not less than 14 days before the intended date of replacement.
- The Employer cannot replace the Employer’s Representative with a person against whom the Contractor has raised a reasonable objection.
- The Contractor has the right to request evidence of the Employer’s financial arrangements if not receiving payment or becoming aware of a material change in the Employer’s financial arrangements.
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Description
This quiz covers the duties and authority delegation of the Contractor and Employer's Representative according to FIDIC 2017 General Conditions, including responsibilities, delegation of tasks, issuance of instructions, compliance obligations, and the replacement of the Employer’s Representative.
