S 99 - 1

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By AstoundedHamster

Quiz

Flashcards

30 Questions

Which form of communication is NOT mentioned as acceptable in the Conditions?

What happens if the recipient gives notice of another address?

Under what circumstances can approvals, certificates, consents, and determinations be withheld or delayed?

What law governs the Contract?

In case of versions of the Contract written in multiple languages, which version prevails?

What is the default language for communications?

What is the deadline for exclusive use by AECOM Middle East, Abu Dhabi?

Who has full authority under the Contract, except for termination by the Employer?

When must the Employer inform the Contractor if replacing the Employer's Representative?

Who can issue instructions to the Contractor within their defined delegation?

In what form must instructions from the Employer be given?

Who is responsible for providing all necessary personnel, goods, and services for the design, execution, and completion of the Works?

When must the Performance Security be delivered to the Employer after both Parties have signed the Contract Agreement?

Who must issue the Performance Security as specified in the Contract?

What action should the Contractor take if the Performance Security's expiry date is specified and the Performance Certificate has not been received 28 days prior to the expiry date?

Under what circumstances may the Employer make a claim under the Performance Security?

What is the consequence of the Contractor's failure to pay the Employer an amount due within 42 days after agreement or determination?

What is the Contractor required to do in relation to the Contractor's Representative?

When should the Employer return the Performance Security to the Contractor?

What is the Contractor responsible for ensuring regarding the Performance Security?

What expenses is the Employer required to indemnify and hold the Contractor harmless against?

What is the time period for the Contractor to remedy a default after receiving the Employer's notice?

When may the Employer make a claim under the Performance Security for amounts to which the Employer is entitled under the Contract?

According to the priority of documents in a contract, for interpretation purposes, which document holds the highest priority?

In the event of the Employer's failure to provide access to the Site causing delay or cost to the Contractor, when should the Contractor give notice?

What is the responsibility of the Employer regarding giving the Contractor right of access to the Site?

Can the Contractor assign the whole or any part of the contract without the prior agreement of the other party?

If the Contractor forms a joint venture or consortium, what is the liability of the members to the Employer?

What is the responsibility of the Contractor regarding disclosure of confidential information described in the Tender?

When does the contract come into full force and effect?

Summary

Contract Terms and Conditions

  • The language for communications in a contract is determined by the language in which most of the contract is written.
  • The priority of documents in a contract, for interpretation purposes, is in the following sequence: Contract Agreement, Particular Conditions, General Conditions, Employer's Requirements, Tender, and other contract documents.
  • The contract comes into full force and effect on the date stated in the Contract Agreement, with stamp duties and similar charges borne by the Employer.
  • Neither party can assign the whole or any part of the contract without the prior agreement of the other party.
  • The Contractor is not required to disclose confidential information described in the Tender to the Employer but must disclose other required information for verification.
  • The Contractor must comply with applicable laws during the contract, unless otherwise stated in the Particular Conditions.
  • If the Contractor forms a joint venture or consortium, the members are jointly and severally liable to the Employer and cannot alter their composition without the Employer's consent.
  • The Employer is responsible for giving the Contractor right of access to the Site within the specified time and manner, which may not be exclusive to the Contractor.
  • If the Contractor suffers delay or incurs cost due to the Employer's failure to provide access to the Site, the Contractor must give notice as soon as practicable after becoming aware of the event.
  • The Employer may appoint an Employer's Representative to act on his behalf under the Contract, with notice given to the Contractor of the Representative's name, address, duties, and authority.
  • The Employer may deduct any amount he is entitled to be paid from the Contractor, and the Employer's Representative shall carry out duties and exercise authority delegated by the Employer.
  • The Employer's Representative's duties and authority are delegated by the Employer and shall be exercised on his behalf.

Description

Test your understanding of contract terms and conditions with this quiz covering the language of communications, priority of documents, contract commencement, confidentiality, compliance with laws, joint ventures, access to site, notice requirements, and employer's representative.

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