37 Questions
What action should the Contractor take if a person persists in misconduct or lack of care?
Promptly appoint a suitable replacement
In what circumstances should the Contractor take action to appoint a suitable replacement?
All of the above
What should the Contractor do in the case of replacement of Key Personnel?
Follow Sub-Clause 6.12 [Key Personnel]
What is the Contractor responsible for in terms of superintendence?
All of the above
What should the Contractor do to prevent disorderly conduct by Contractor’s Personnel?
Take all necessary precautions
What should be the language proficiency requirement for persons involved in superintendence?
Fluency in the language for communications
In what circumstances should the Contractor appoint a suitable replacement?
When a person is recruited from the Employer’s Personnel in breach of Sub-Clause 6.3 [Recruitment of Persons]
What should the Contractor do in the case of replacement of the Contractor’s Representative?
Apply Sub-Clause 4.3 [Contractor’s Representative]
What should the Contractor do if a person is found to have engaged in fraudulent practice?
Promptly appoint a suitable replacement
According to FIDIC 2017, who is responsible for engaging and paying all Contractor’s Personnel?
The Contractor
What is the Contractor required to ensure regarding the Contractor’s Personnel?
Obey all applicable laws, including health and safety regulations at work
Under FIDIC 2017, when is work on locally recognized rest days or outside normal working hours allowed?
When specific conditions are met
Who may request evidence of due payments to a nominated Subcontractor?
The Engineer
What is the Contractor obliged to include in each progress report, according to FIDIC 2017?
Records of labor-related information
According to FIDIC 2017, who is responsible for providing and maintaining necessary accommodation and welfare facilities for the Contractor’s Personnel?
The Contractor
What must the Contractor ensure about the Contractor’s Personnel, as per FIDIC 2017?
Appropriately qualified, skilled, experienced, and competent
Who is responsible for managing and coordinating all Subcontractors' work?
The Contractor
Under what circumstances is the Contractor entitled to an Extension of Time (EOT) and/or payment for costs incurred?
Complying with Engineer's instructions
When is the Engineer deemed to have given consent for a proposed Subcontractor?
If no response is received within 14 days
What is the notice period required before the intended date of each Subcontractor's work commencement?
Not less than 28 days
Under what circumstances is the Contractor not obliged to employ a nominated Subcontractor?
Reasonable objections raised within 14 days
Who is responsible for paying the nominated Subcontractor amounts due in accordance with the subcontract?
The Contractor
When may the Employer pay part or all of the amounts due to the nominated Subcontractor directly?
If the Contractor fails to provide evidence justifying withholding or refusal of payment
What is the Contractor required to do promptly after the issue of a Taking-Over Certificate?
Clear away and remove Contractor’s Equipment, surplus material, wreckage, rubbish, hazardous waste, and Temporary Works
What should the Contractor do when archaeological or geological findings are discovered on the Site?
Give a Notice to the Engineer in good time to inspect and/or investigate the finding
What should the Contractor do with fossils, coins, or items of geological or archaeological interest found on the Site?
Place them under the care and authority of the Employer
When may the Contractor retain Goods at locations on the Site during the DNP?
When agreed with the Engineer and when required for fulfilling obligations under the Contract
What is the Contractor obliged to do regarding Contractor’s Personnel and archaeological or geological findings?
Take all reasonable precautions to prevent removal or damage to the findings by Contractor’s Personnel
When is the Contractor allowed to remove Contractor’s Equipment and surplus material from the Site after the issue of a Taking-Over Certificate?
Promptly after the issue of the Taking-Over Certificate
What is the Contractor required to do after discovering any archaeological or geological finding on the Site?
Give a Notice to the Engineer in good time to inspect and/or investigate the finding
What should the Contractor do promptly after the issue of a Taking-Over Certificate?
Clear away Contractor’s Equipment and surplus material from the specified part of the Site and Works
What should the Contractor do with archaeological and geological findings on the Site?
Place them under the care and authority of the Employer
What is the Contractor allowed to retain at locations on the Site during the DNP?
Goods required to fulfill obligations under the Contract
What action should the Contractor take upon discovery of any archaeological or geological finding?
Give a Notice to the Engineer in good time
What should the Contractor do with any items of value or antiquity found on the Site?
Place them under the care and authority of the Employer
What is the Contractor responsible for in relation to the archaeological and geological findings?
Taking all reasonable precautions to prevent removal or damage
What is the Contractor required to do with Contractor’s Equipment and surplus material after the issue of a Taking-Over Certificate?
Clear away and remove from the specified part of the Site and Works
Study Notes
FIDIC 2017 General Conditions of Contract Summary
- The Contractor is entitled to an Extension of Time (EOT) and/or payment for costs incurred due to complying with Engineer's instructions, as per Sub-Clause 20.2.
- The Contractor is responsible for managing and coordinating all Subcontractors' work, and for any acts or defaults of the Subcontractors, their agents, or employees, as if they were the Contractor's own.
- The Contractor must obtain the Engineer's consent for proposed Subcontractors, except for suppliers of materials or named Subcontractors in the Contract.
- The Contractor must keep the site free from unnecessary obstruction, store or remove equipment and surplus materials, and promptly clear away any unnecessary items.
- If the Engineer does not respond within 14 days to the Contractor's submission of a proposed Subcontractor, consent is deemed to have been given.
- The Contractor must give the Engineer notice not less than 28 days before the intended date of each Subcontractor's work commencement.
- A "nominated Subcontractor" is one named in the Specification or instructed by the Engineer under Sub-Clause 13.4.
- The Contractor is not obliged to employ a nominated Subcontractor if reasonable objections are raised within 14 days of receiving the Engineer's instruction.
- The Contractor is responsible for paying the nominated Subcontractor amounts due in accordance with the subcontract, unless evidence is submitted to the Engineer justifying withholding or refusal of payment.
- The Employer may, at their discretion, pay part or all of the amounts due to the nominated Subcontractor directly if the Contractor fails to provide evidence justifying withholding or refusal of payment.
- The Engineer will notify the Contractor of the amount paid directly to the nominated Subcontractor by the Employer and deduct this amount from the next Interim Payment Certificate (IPC).
- The Contractor is responsible for engaging staff and labor, ensuring appropriate rates of wages and labor conditions, and the recruitment of personnel.
Test your understanding of the key provisions in the FIDIC 2017 General Conditions of Contract with this summary quiz covering topics like Extensions of Time, Subcontractors, and Contractor responsibilities.
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