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QUESTION AND ANSWER OF REPORT

Beverly R. Batula

Master of Science in Construction Management, PUPOUS

MSCM 601: Contracts and Legal Aspects in Construction Management

Dr. Joefil Jocson. CE

June 4, 2023
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Test Completion

1. What is the Contractor’s Obligation under sub-clause 9.1 in FIDIC Red Book?

a. Facilities for Staff and Labor

b. Tests on Completion

c. Health and Safety of Personnel

d. Taking Over the Work and Sections

e. Employer’s Suspension

2. How many days should the Contractor submit a Notice for commencing a Test on

Completion?

a. 8 days

b. 12 days

c. 42 days

d. 14 days

e. 22 days

3. What’s the importance of giving ample time before the Tests to the Engineer?

a. To review the proposed test program and have it revised if it shows that it

compliance with the Contract.

b. To collect the data.

c. To have it reviewed only.

d. To have it compiled with.

e. For data gathering use only.

4. Who is authorized to give a Notice of No Objection for the Test on Completion?

a. The Contractor

b. The Engineer

c. The Personnel
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d. The Employer

e. The Contractor Personnel

5. How many days does the Contractor have to wait to consider that the Engineer has

No Objection to the test program?

a. 21 days

b. 42 days

c. 14 days

d. 7 days

e. 18 days

6. Upon receiving the copy of the results from the Tests, Engineer is responsible to

issue what type of Notice?

a. If the Engineer finds out that there is a conflict with the contract, the Engineer

shall issue Notice to the extent of noncompliance with the Contract.

b. There is no need to issue a Notice if it can be resolved in the non-documented

report.

c. There is nothing that an Engineer can do regarding the result.

d. The engineer may review only the results.

e. The Engineer can only compile the result.

7. Are there any provisions stating what the Employer must do if the cause of

delayed Tests on Completion is his/her team?

a. There are no provisions that state if it is his team’s cause of delay.

b. Sub-clause 10.3 Interference with Tests on Completion

c. Sub-Clause 9.1

d. Sub Clause 20.2

e. Sub-Clause 11.4
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8. How long may the Contractor be allowed to perform the tests if his team is the

cause of the delay?

a. 42 days

b. 14 days

c. 21 days

d. 8 days

e. 7 days

9. Can the tests conclude without the Contractor?

a. Yes, According to the Sub-Clause 9.2

b. No, it is the Contractor

c. No, the Contractor shall have a representative

d. Yes, but needs to participate in the tests not just as a witness.

e. No.

10. What does Sub-Clause 20.2 imply to the Employer and the Contractor?

a. The provision states that the Employer is entitled to claim the costs incurred

during the Test on Completion.

b. It states who is responsible to conduct the testing.

c. Under Sub-Clause 20.2 states who is in charge of the plants and materials on-

site.

d. It clearly states that the Contractor cannot be asked to claim any additional

payment due to delay.

11. Are there any revisions needed to conduct retesting?

a. None, in retesting it is to consider the same terms and conditions for The Tests

on Completion.

b. Yes, to have the testing result pass.

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c. Yes

12. In the absence of the Contractor for the tests, who can be the in-charge to proceed

with the testing?

a. Contractor

b. Employer’s Personnel

c. The Engineer

d. The Contractor’s Representative

e. The Engineer Representative

13. Can the contractor object to the result came in after conducting the test, without

the contractor?

a. Yes, because it is their team who works for the test program.

b. No, according to what is written in Sub-Clause 9.2

c. Yes, because it is the Contractor

d. Yes, if he sees any noncompliance with the contract.

14. On what grounds, that the Engineer can reject the Work and or Sections done by

the Contractor?

a. The Engineer can reject the Work or Section if the effect of the failure is to

deprive the substantial benefit of the Work and or Section. Subparagraph

( b & c) Sub-clause 9.4.

b. The Engineer cannot reject any work.

c. The Engineer is the one responsible if it fails to meet the standard of the

design.
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15. Can the Engineer issue a Taking-Over Certificate?

a. Yes, according to sub-paragraph (d) under Sub-Clause 9.4 if the Contractor

fails to pass what Sub-clause 9.3 asks for, and if the Employer asks the

Engineer to issue the Certificate, Yes he can issue the Taking-Over Certificate.

b. No.

c. No, the Engineer is in the project to only supervise the work done.

References

FIDIC, Conditions of Contract for Contractor, v2017, 2nd Ed.