S 2017 - 1

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.

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.