Podcast
Questions and Answers
What action should the Contractor take if a person persists in misconduct or lack of care?
What action should the Contractor take if a person persists in misconduct or lack of care?
- Promptly appoint a suitable replacement (correct)
- Terminate the contract immediately
- Issue a warning letter
- Increase the person's supervision
In what circumstances should the Contractor take action to appoint a suitable replacement?
In what circumstances should the Contractor take action to appoint a suitable replacement?
- When a person carries out duties incompetently or negligently
- When a person fails to comply with any provision of the Contract
- When a person is found to have engaged in corrupt practices
- All of the above (correct)
What should the Contractor do in the case of replacement of Key Personnel?
What should the Contractor do in the case of replacement of Key Personnel?
- Follow Sub-Clause 6.12 [Key Personnel] (correct)
- Terminate the contract immediately
- Seek approval from the Employer
- Consult with legal counsel
What is the Contractor responsible for in terms of superintendence?
What is the Contractor responsible for in terms of superintendence?
What should the Contractor do to prevent disorderly conduct by Contractor’s Personnel?
What should the Contractor do to prevent disorderly conduct by Contractor’s Personnel?
What should be the language proficiency requirement for persons involved in superintendence?
What should be the language proficiency requirement for persons involved in superintendence?
In what circumstances should the Contractor appoint a suitable replacement?
In what circumstances should the Contractor appoint a suitable replacement?
What should the Contractor do in the case of replacement of the Contractor’s Representative?
What should the Contractor do in the case of replacement of the Contractor’s Representative?
What should the Contractor do if a person is found to have engaged in fraudulent practice?
What should the Contractor do if a person is found to have engaged in fraudulent practice?
According to FIDIC 2017, who is responsible for engaging and paying all Contractor’s Personnel?
According to FIDIC 2017, who is responsible for engaging and paying all Contractor’s Personnel?
What is the Contractor required to ensure regarding the Contractor’s Personnel?
What is the Contractor required to ensure regarding the Contractor’s Personnel?
Under FIDIC 2017, when is work on locally recognized rest days or outside normal working hours allowed?
Under FIDIC 2017, when is work on locally recognized rest days or outside normal working hours allowed?
Who may request evidence of due payments to a nominated Subcontractor?
Who may request evidence of due payments to a nominated Subcontractor?
What is the Contractor obliged to include in each progress report, according to FIDIC 2017?
What is the Contractor obliged to include in each progress report, according to FIDIC 2017?
According to FIDIC 2017, who is responsible for providing and maintaining necessary accommodation and welfare facilities for the Contractor’s Personnel?
According to FIDIC 2017, who is responsible for providing and maintaining necessary accommodation and welfare facilities for the Contractor’s Personnel?
What must the Contractor ensure about the Contractor’s Personnel, as per FIDIC 2017?
What must the Contractor ensure about the Contractor’s Personnel, as per FIDIC 2017?
Who is responsible for managing and coordinating all Subcontractors' work?
Who is responsible for managing and coordinating all Subcontractors' work?
Under what circumstances is the Contractor entitled to an Extension of Time (EOT) and/or payment for costs incurred?
Under what circumstances is the Contractor entitled to an Extension of Time (EOT) and/or payment for costs incurred?
When is the Engineer deemed to have given consent for a proposed Subcontractor?
When is the Engineer deemed to have given consent for a proposed Subcontractor?
What is the notice period required before the intended date of each Subcontractor's work commencement?
What is the notice period required before the intended date of each Subcontractor's work commencement?
Under what circumstances is the Contractor not obliged to employ a nominated Subcontractor?
Under what circumstances is the Contractor not obliged to employ a nominated Subcontractor?
Who is responsible for paying the nominated Subcontractor amounts due in accordance with the subcontract?
Who is responsible for paying the nominated Subcontractor amounts due in accordance with the subcontract?
When may the Employer pay part or all of the amounts due to the nominated Subcontractor directly?
When may the Employer pay part or all of the amounts due to the nominated Subcontractor directly?
What is the Contractor required to do promptly after the issue of a Taking-Over Certificate?
What is the Contractor required to do promptly after the issue of a Taking-Over Certificate?
What should the Contractor do when archaeological or geological findings are discovered on the Site?
What should the Contractor do when archaeological or geological findings are discovered on the Site?
What should the Contractor do with fossils, coins, or items of geological or archaeological interest found on the Site?
What should the Contractor do with fossils, coins, or items of geological or archaeological interest found on the Site?
When may the Contractor retain Goods at locations on the Site during the DNP?
When may the Contractor retain Goods at locations on the Site during the DNP?
What is the Contractor obliged to do regarding Contractor’s Personnel and archaeological or geological findings?
What is the Contractor obliged to do regarding Contractor’s Personnel and archaeological or geological findings?
When is the Contractor allowed to remove Contractor’s Equipment and surplus material from the Site after the issue of a Taking-Over Certificate?
When is the Contractor allowed to remove Contractor’s Equipment and surplus material from the Site after the issue of a Taking-Over Certificate?
What is the Contractor required to do after discovering any archaeological or geological finding on the Site?
What is the Contractor required to do after discovering any archaeological or geological finding on the Site?
What should the Contractor do promptly after the issue of a Taking-Over Certificate?
What should the Contractor do promptly after the issue of a Taking-Over Certificate?
What should the Contractor do with archaeological and geological findings on the Site?
What should the Contractor do with archaeological and geological findings on the Site?
What is the Contractor allowed to retain at locations on the Site during the DNP?
What is the Contractor allowed to retain at locations on the Site during the DNP?
What action should the Contractor take upon discovery of any archaeological or geological finding?
What action should the Contractor take upon discovery of any archaeological or geological finding?
What should the Contractor do with any items of value or antiquity found on the Site?
What should the Contractor do with any items of value or antiquity found on the Site?
What is the Contractor responsible for in relation to the archaeological and geological findings?
What is the Contractor responsible for in relation to the archaeological and geological findings?
What is the Contractor required to do with Contractor’s Equipment and surplus material after the issue of a Taking-Over Certificate?
What is the Contractor required to do with Contractor’s Equipment and surplus material after the issue of a Taking-Over Certificate?
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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.
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