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  1. Surveys
  2. 2016
  3. August
  4. P
  5. Particular Conditions of Construction Contracts
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Exit Survey
 
 
Hello:
Thanks for taking time to participate in this survey, which is expected to take around 15 minutes.

This survey contains a number of contractual provisions that were identified through an analysis to a number of construction contracts. These have already been identified as highly signifcant by professionals and experts in the Middle East and North Africa, and the current purpose of this survey is to check on whether the same concerns are shared on a global scale.

Noting that these provisions are not considered within FIDIC 87 and 99, kindly rate the importance of including each provision within the particular conditions of your region's construction contracts from your point of view. Please note that the main purpose of including such provisions is to minimize the probability of disputes' occurrence.

Your participation in this study is completely voluntary. There are no foreseeable risks associated with this project. However, if you feel uncomfortable answering any questions, you can withdraw from the survey at any point.

Your survey responses will be strictly confidential and data from this research will be reported only in the aggregate. Your information will be coded and will remain confidential.

Thank you very much for your time and support. Please start with the survey now by clicking on the Next button below.
 
 
 
Contact Information
First Name : 
Last Name : 
Phone (Optional) : 
Email Address : 
 
Experience
5-10 Years 10-15 Years Above 20
* How many years of experience do you have in contracts/claims management?
* How many years of experience do you have in the construction field?
 
 
* Do you have FIDIC experience?
 
Yes
 
No
 
 
* Which country or countries have you practiced contract/claims management in?
   
 
 
Performance Security: (Rate the importance of the following)
High Medium Low
* Identify the requirements acceptable to the Employer (i.e. form, value, bank, etc.) in relation with the Performance Security.
* Identify the consequences of failing to submit/re-submit the Performance Security as required.
* Specify the party responsible for the costs associated with issuing or re-issuing the Performance Security.
* Apportion the Performance Security amounts to each Section or Portion of the Works.
 
 
Programme of Works / Revised Programme:
High Medium Low
* Specify re-submission period of a rejected programme.
* Include a reference to detailed programme requirements within the specifications of a contract or through the Particular Conditions.
* Define the consequences of failing to submit or obtain approval to programme.
* Require the Contractor to submit periodical programme/progress updates.
* Require the Contractor to fulfil its obligations disregarding obtaining the approval on the Programme of Works.
 
 
Contract Price, and its relation to Customs, Taxes, etc.
High Medium Low
* Identify the party responsible for the sales tax payment, social insurance payment, custom duties and other import charges.
* Specify and define each of the types of taxes required to be paid by the Contractor.
* Entitle the Employer to get reimbursed any costs related to taxes and other charges that the Contractor becomes excused of.
 
 
Language and Law
High Medium Low
* Define the party responsible for any costs associated with complying by the language requirements in dealing with authorities and others.
* Oblige the Contractor to submit translated versions of any document made in another language as well as Identify the Party responsible for any costs related to translation services.
 
 
Priority of Documents
High Medium Low
* Specify the accepted interpretation in case a contradiction between Drawings and/or Specifications and/or the Bill of Quantities was identified.
* Deem the higher standard between two documents of same priority as the binding one.
* Deem the Engineer's determination whenever a contradiction is identified between certain Contract Documents as binding and identify the consequences of its failure to provide a determination.
 
 
Health, Safety and Environment
High Medium Low
* Provide extensive details and requirements related to safety regulations to the Contractor.
* Require the Contractor's submission of safety procedures/plan.
* Require the Contractor's submission of environmental procedures.
* Identify the party responsible for the costs related to safety measures.
* Identify the consequences of the Contractor's failure to fulfil his obligations in relation to Health, Safety and/or Environment, and deem it responsible for any relevant costs.
* Require the Contractor to comply by the regulations of the local authorities in the event of any outbreak of illness of an epidemic nature.
* Require the Contractor to notify the Engineer of any accident or fatality within a certain duration through different means.
 
 
Variations
High Medium Low
* Oblige the Contractor to proceed with instructed variations regardless of whether an agreement on price has been reached or not.
* Require the Contractor to submit particulars related to variations in certain times.
* Address loss of profit due to variations.
* Identify the percentage of overhead and profit to be used for evaluation purposes.
 
 
Payment
High Medium Low
* Allow the Contractor to provide reasons of objection on payment certifications within a certain duration.
* Identify the consequences of the Contractor's failure to provide all supporting documents related to payment certificates.
* Require the Contractor to notify the Employer within a certain time duration prior to suspending the Works in case of the Employer's failure to make the Contractor's payment within the agreed durations.
* Entitle the Contractor to receive payments against certain agreed Milestones.
 
 
Insurance
High Medium Low
* Indeminfy the Employer against all losses and claims arising from the Contractor's failure to comply by the conditions related to insurance policies.
* Require the Contractor to insure against loss or damage to the Plant prior to its delivery and during its unloading to Site.
* Require the Contractor to insure third party automobiles.
* Require the Contractor to obtain a waiver by insurance companies of any and all rights of subrogation they might be able to exercise against the Employer or its representatives.
* Entitle the Employer of a notice from the insurers prior to changes of cover or failure to renew policies.
* Detail each of the required insurances' covers.
 
 
Extension of Time for Completion
High Medium Low
* Entitle Engineer to take account of any omitted works when determining an extension of the Time for Completion.
 
 
Arbitration
High Medium Low
* Name a certain International Arbitration Centre to be used for arbitration purposes.
* Deem the decision of the arbitrators as final and binding on which basis judgment may be entered to the court of jurisdiction to be enforced.
* Identify the time or conditions by which arbitration may commence.
* Specify confidentiality of the arbitration proceedings and disclosures.
 
 
Engineer's Duties and Authority
High Medium Low
* Identify the matters that require the Employer or Employer's Representative's approval.
* Entitle the Engineer to give instructions to the Contractor in the absence of the Employer's approval whenever an emergency occurs relevant to safety.
* Specify that all or certain communications shall be through the Engineer.
 
 
Advance Payment
High Medium Low
* Identify the number, value and/or timings of instalments of advance payment.
* Entitle the Contractor to request the release of the guarantee prior to the Completion of the Works and upon full repayment of its amount.
 
 
Confidential Details
High Medium Low
* Oblige the Contractor to treat all details of the Contract as private and confidential banning it from disclosing any information without a prior approval, and identifying the consequences of failing to comply with such a provision.
* Deem the Employer's decision final whenever a dispute arises as to the necessity of any disclosure related to the Contract.
 
 
Drawings
High Medium Low
* Identify the party responsible for the costs related to issuing and/or re-issuing of drawings and/or other submissions.
* Specify the drawings required to be submitted by the Employer to the Contractor, and the consequences of failing to do so.
* Require the Contractor to submit As-Built Drawings, operation and maintenance manuals and/or others.
 
 
Payment Certificates
High Medium Low
* Identify the nature and/or conditions of the listed materials that would entitle the Contractor for payment upon delivery.
* Detail the information that are required to be included within the interim certificates in relation to the Plant.
* Identify the consequences of experiencing slow rate of progress in relation to the certification of the amounts stated within the monthly statements.
* Detail the actions to be followed whenever certain rates related to the executed Works are not available within the Contract Documents.
* Confirm that the inclusion of any work or materials delivered to the Site within the statements does not constitute the Employer's acceptance nor does it affect his rights under the Contract.
 
 
Adjustments for Changes in Cost
High Medium Low
* Identify the items for which cost may be adjusted through a certain criteria.
* Specify the particulars required and/or actions to be taken to determine any adjustment to cost.
* Specify the condition(s) for any cost adjustments to take place.
* Identify the criteria to be followed in relation to cost adjustment occurring during a period granted an extension of time.
 
 
Currencies in Payment
High Medium Low
* Specify the currency of payment as the local currency.
* Deem the Contract Price inclusive of all costs that may be incurred in the event of currency restrictions.
 
 
Risks / Force Majeure
High Medium Low
* Specify that each party shall not be entitled to claim any loss from the other due to a default arising from Force Majeure events.
 
 
Subcontractors
High Medium Low
* Require the Contractor to submit certain information related to the proposed Subcontractors prior to their appointment and detail the minimum standards for their appointment.
* Entitle the Engineer to remove incompetent Subcontractors and/or related personnel from Site.
* Identify the consequences of assigning the Whole or part of the Contract Works to Subcontractors.
* Specify that the Employer and the Engineer shall not be deemed as a party related to any subcontract, for subcontractors may not raise any claims against the Employer, being a condition that shall be included within each subcontract.
 
 
Taking Over
High Medium Low
* Deem the completion of Tests on Completion as a condition precedent to the issuance of the Taking Over Certificate.
* Deem the submission of As-Built Drawings, Operations and Maintenance Manuals and/or others as condition precedent to issuance of the Taking Over Certificate.
* Deem the Contractor responsible for the care of the parts of the Works that may be used by the Employer prior to Taking Over.
 
 
Delay Damages
High Medium Low
* Entitle the Contractor to receive a re-fund of any payments received due to its failure to comply with Intermediate Milestone Dates in case it recovers such delays prior to the overall Time for Completion.
* Identify the times or circumstances by which payments of delay damages shall be made.
 
 
Contractor's General Obligation
High Medium Low
* Require the Contractor to provide its submittals under the Contract to the Engineer within a certain time duration prior to the start date of the relevant activities on site.
* Identify a time frame within which the Contractor is required to re-submit any rejected submittal.
* Identify the software and relevant versions to be used for the preparation of drawings, documents and others.
* Specify a certain time frame within which the Contractor is obliged to restore any damages part of the Works upon receipt of the Engineer's instructions in this regard.
* Specify a certain time frame prior to the execution of each stage of the Works within which the Contractor is obliged to submit relevant details of the arrangements and methods of the execution of such a stage.
 
 
Commencement Date
High Medium Low
* Deem possession of Site by the Contractor as a condition precedent to the Commencement of the Works.
* Deem the receipt of the Advance Payment by the Contractor as a condition precedent to the Commencement of the Works.
 
 
Contractor's Representative, Superintendence and Personnel
High Medium Low
* Require the Contractor to obtain the Engineer's consent prior to delegating competent person.
* Require the Contractor to provide certain personnel with certain experience.
 
 
Working Hours
High Medium Low
* Specify the rates of working hours related to the Employer and Employer's Representative for calculating the costs incurred by them for supervision outside the Working Hours.
 
 
Termination by Employer
High Medium Low
* Specify the Employer's entitlement to liquidate the Performance Security in order to recover any amounts due to the Employer resulting from termination due to a Contractor's Default.
* Entitle the Employer to terminate the Contract without resorting to courts and/or any legal notices or judicial actions.
* Require the Contractor to fully co-operate with third parties or other contractors appointed upon the termination of the Contract due to default and identify the consequences of failing to do so.
* Entitle the Employer, at its sole discretion and without any obligation to do so, pay Subcontractors amounts payable in accordance with their subcontracts, upon termination of the Contract due to a Contractor's Default.
* Entitle the Employer to terminate the Contractor in case of reaching the cap of liquidated damages due to delays.
* Entitle the Employer to terminate the Contractor in case of the Contractor's failure to obtain the insurances required by the Contract.
 
 
Cash Flow
High Medium Low
* Require the Contractor to submit cash flows in a form acceptable by the Engineer or in a certain form.
 
 
Adjustments for Changes in Legislation
High Medium Low
* Deem the Contract Price inclusive of costs of all duties, levies and charges payable to the Government under any current Law of the Country.
* Specify that the Contract Price shall be adjusted due to changes in legislation.
* Specify that the Contractor's entitlement to cost under this Sub-Clause shall have no allowance for overhead or profit.
* Require the Contractor to notify the Engineer within a certain time duration from the time it becomes aware of any changes in legislation as well as to submit relevant evidence and proofs of original records whenever required.
 
 
 
Comments/Suggestions (Optional):