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R 99 - 5
46 Questions
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R 99 - 5

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Questions and Answers

According to Clause 13, what action can the Engineer take regarding specified tests?

  • Ignore the specified tests
  • Delegate the specified tests to the Contractor
  • Cancel the specified tests
  • Vary the location or details of specified tests (correct)

    • What happens if the varied or additional tests show that the tested Plant, Materials, or workmanship is not in accordance with the Contract?

  • The Contractor is not responsible for any costs
  • The cost of carrying out the variation shall be borne by the Contractor (correct)
  • The cost is shared between the Contractor and the Engineer
  • The Engineer covers the cost of the variation

    • How much notice must the Engineer give the Contractor before attending the tests?

  • At least 48 hours’ notice
  • At least 12 hours’ notice
  • The Engineer can attend without notice
  • Not less than 24 hours’ notice (correct)

    • What can the Contractor do if the Engineer does not attend the tests at the agreed time and place?

    <p>Proceed with the tests, unless otherwise instructed by the Engineer</p> Signup and view all the answers

    If the Contractor suffers delay or incurs cost due to complying with the Engineer's instructions, what is the Contractor entitled to, according to Sub-Clause 20.1?

    <p>An extension of time and payment of any such cost plus reasonable profit</p> Signup and view all the answers

    Under what circumstances can the Contractor claim an extension of time, as per Sub-Clause 8.4?

    <p>If completion is or will be delayed</p> Signup and view all the answers

    What happens to the cost incurred by the Contractor due to complying with the Engineer's instructions?

    <p>The Contractor is entitled to payment of any such cost plus reasonable profit</p> Signup and view all the answers

    Who is responsible for making good any defects and ensuring compliance with the Contract after rejection?

    <p>The Contractor</p> Signup and view all the answers

    When do Plant and Materials become the property of the Employer?

    <p>Upon delivery to the Site or when the Contractor is entitled to payment for them</p> Signup and view all the answers

    How much notice must the Engineer give the Contractor of the Commencement Date for the Works?

    <p>At least 7 days' notice</p> Signup and view all the answers

    Who is required to submit a detailed time programme to the Engineer and update it as necessary?

    <p>The Contractor</p> Signup and view all the answers

    What happens if the Engineer has not attended tests?

    <p>The readings are deemed accurate</p> Signup and view all the answers

    Who can reject defective Plant, Materials, or workmanship by giving notice to the Contractor?

    <p>The Engineer</p> Signup and view all the answers

    What can the Engineer instruct the Contractor to do if non-compliant Plant or Materials are found?

    <p>Remove and replace non-compliant Plant or Materials, redo work, or execute urgent safety-related work</p> Signup and view all the answers

    What must the Contractor do if the program fails to comply with the Contract?

    <p>Submit a revised program to the Engineer</p> Signup and view all the answers

    Under what circumstances is the Contractor entitled to an extension of time for completion?

    <p>Delays caused by public authorities, if unforeseeable and the Contractor followed proper procedures</p> Signup and view all the answers

    What action can the Engineer take if the progress is too slow?

    <p>Instruct the Contractor to submit a revised program to expedite progress</p> Signup and view all the answers

    What are the only damages due from the Contractor for delay in completion?

    <p>Delay damages stated in the Appendix to Tender</p> Signup and view all the answers

    What can the Engineer instruct the Contractor to do if non-compliant Plant or Materials are found?

    <p>Suspend part or all of the Works</p> Signup and view all the answers

    What happens if the Engineer instructs the Contractor to suspend part or all of the Works?

    <p>The Contractor must protect and secure the suspended part</p> Signup and view all the answers

    What must the Contractor do if they suffer delays or incur costs due to suspension of work?

    <p>Give notice to the Engineer and be entitled to an extension of time</p> Signup and view all the answers

    According to Sub-Clause 8.4, the Contractor shall be entitled to an extension of the Time for Completion if and to the extent that completion is delayed by which of the following causes?

    <p>Unforeseeable shortages in the availability of personnel or Goods caused by epidemic or governmental actions</p> Signup and view all the answers

    Under what conditions will delay or disruption caused by relevant legally constituted public authorities be considered as a cause of delay under Sub-Clause 8.4?

    <p>If the delay or disruption was unforeseeable and the Contractor has diligently followed the procedures laid down by the authorities</p> Signup and view all the answers

    When may the Engineer instruct the Contractor to submit a revised programme and supporting report under Sub-Clause 8.6?

    <p>When progress has fallen behind the current programme, except due to a cause listed in Sub-Clause 8.4</p> Signup and view all the answers

    What are the consequences if the Contractor fails to comply with Sub-Clause 8.2 [Time for Completion]?

    <p>The Contractor shall pay delay damages to the Employer for the default</p> Signup and view all the answers

    Under what circumstances may the Engineer instruct the Contractor to suspend progress of part or all of the Works?

    <p>At any time, without specific circumstances</p> Signup and view all the answers

    What is the maximum amount of delay damages that the Contractor may be required to pay under Sub-Clause 8.7?

    <p>The maximum amount of delay damages stated in the Appendix to Tender</p> Signup and view all the answers

    Under what conditions will the Contractor be entitled to an extension of time and/or additional compensation according to Sub-Clause 8.9?

    <p>If the Contractor suffers delay and/or incurs cost from complying with the Engineer's instructions under Sub-Clause 8.8</p> Signup and view all the answers

    What is the maximum number of days the work on Plant or delivery of Plant and/or Materials can be suspended before the Contractor is entitled to payment of their value?

    <p>28 days</p> Signup and view all the answers

    Under what circumstances can the Contractor treat the suspension as an omission under Clause 13 of the affected part of the Works?

    <p>If the suspension has continued for more than 84 days</p> Signup and view all the answers

    When should the Tests on Completion be carried out, unless otherwise agreed?

    <p>Within 14 days after the Contractor's notice</p> Signup and view all the answers

    What is the minimum notice period the Contractor must give to the Engineer before carrying out each of the Tests on Completion?

    <p>21 days</p> Signup and view all the answers

    If the Engineer does not give permission for the Contractor to proceed within how many days after being requested, the Contractor may treat the suspension as an omission under Clause 13 of the affected part of the Works?

    <p>28 days</p> Signup and view all the answers

    What is the Contractor entitled to if the suspension under Sub-Clause 8.8 has continued for more than 84 days?

    <p>Both a and b</p> Signup and view all the answers

    Who shall make good any deterioration or defect in or loss of the Works or Plant or Materials, which has occurred during the suspension?

    <p>The Contractor</p> Signup and view all the answers

    What should the Contractor do if the Engineer does not give permission to proceed within 28 days after being requested to do so?

    <p>Treat the suspension as an omission</p> Signup and view all the answers

    Under what conditions will the Contractor be entitled to an extension of time for, or to payment of the Cost incurred in, making good the consequences of the Contractor’s faulty design, workmanship or materials?

    <p>If the suspension has continued for more than 14 days</p> Signup and view all the answers

    If the Contractor's faulty design, workmanship, or materials cause a delay, what is the Contractor entitled to?

    <p>No entitlement to an extension of time or payment of the Cost incurred</p> Signup and view all the answers

    Under what circumstances is the Contractor entitled to payment for Plant and/or Materials which have not been delivered to Site?

    <p>If the work on Plant or delivery of Plant and/or Materials has been suspended for more than 28 days</p> Signup and view all the answers

    If the prolonged suspension under Sub-Clause 8.8 has continued for more than how many days, can the Contractor treat the suspension as an omission under Clause 13?

    <p>84 days</p> Signup and view all the answers

    How much notice must the Contractor give to the Engineer before carrying out each of the Tests on Completion?

    <p>21 days</p> Signup and view all the answers

    If the Tests on Completion are not carried out within the agreed time, who has the authority to instruct when the tests should be carried out?

    <p>The Engineer</p> Signup and view all the answers

    Who is responsible for making good any deterioration or defect in or loss of the Works or Plant or Materials, which has occurred during the suspension?

    <p>The Contractor</p> Signup and view all the answers

    In what circumstances can the Contractor treat the suspension as an omission under Clause 13?

    <p>If the suspension has continued for more than 84 days</p> Signup and view all the answers

    What action can the Engineer take if the Contractor fails to provide the required documents for carrying out the Tests on Completion?

    <p>Refuse to carry out the Tests on Completion</p> Signup and view all the answers

    If the Engineer does not give permission for the Contractor to proceed after a prolonged suspension, what action can the Contractor take?

    <p>Treat the suspension as an omission under Clause 13</p> Signup and view all the answers

    Study Notes

    FIDIC Conditions of Contract for Construction Summary

    • The Engineer is required to agree or determine matters in accordance with SubClause 3.5 [Determinations].
    • The Contractor must promptly provide duly certified reports of tests to the Engineer.
    • The Engineer can reject defective Plant, Materials, or workmanship by giving notice to the Contractor.
    • If the Engineer has not attended tests, the readings are deemed accurate.
    • The Contractor is responsible for making good any defects and ensuring compliance with the Contract after rejection.
    • The Engineer can instruct the Contractor to remove and replace non-compliant Plant or Materials, redo work, or execute urgent safety-related work.
    • If the Contractor fails to comply with the instruction, the Employer can employ others to carry out the work and the Contractor must pay the costs.
    • Plant and Materials become the property of the Employer upon delivery to the Site or when the Contractor is entitled to payment for them.
    • The Contractor is responsible for paying royalties, rents, and other payments for certain materials and disposals, unless specified otherwise in the Contract.
    • The Engineer must give the Contractor at least 7 days' notice of the Commencement Date for the Works.
    • The Contractor is obligated to complete the Works within the specified Time for Completion.
    • The Contractor is required to submit a detailed time programme to the Engineer and update it as necessary, subject to the Engineer's approval.

    FIDIC Construction Contract General Conditions Summary

    • The Employer's Personnel can use the program to plan their activities.
    • The Contractor must promptly notify the Engineer of any events or circumstances that may affect the work, increase the Contract Price, or cause delays.
    • If the program fails to comply with the Contract, the Contractor must submit a revised program to the Engineer.
    • The Contractor is entitled to an extension of time for completion due to specific causes, such as variations, delays, adverse weather, or actions attributable to the Employer.
    • Delays caused by public authorities, if unforeseeable and the Contractor followed proper procedures, can also lead to an extension of time for completion.
    • If progress is too slow, the Engineer can instruct the Contractor to submit a revised program to expedite progress.
    • The Contractor may be required to adopt revised methods at their own cost to expedite progress.
    • The Contractor is liable to pay delay damages to the Employer if they fail to comply with the time for completion.
    • The delay damages are stated in the Appendix to Tender and are the only damages due from the Contractor for such default.
    • The Engineer can instruct the Contractor to suspend part or all of the Works at any time, and the Contractor must protect and secure the suspended part.
    • If the Contractor suffers delays or incurs costs due to suspension, they are entitled to an extension of time and additional costs, subject to Contractor's Claims.
    • The Contractor must give notice to the Engineer and be entitled to an extension of time for any delay caused by the suspension of work.

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    Description

    Test your knowledge of FIDIC Conditions of Contract for Construction and Construction Contract General Conditions with this summary quiz. Explore key clauses and responsibilities for the contractor, engineer, and employer.

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