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Exit Survey
 
 
Hello:
Thanks for taking time to participate in this survey.

This survey contains a number of contractual provisions that were added within the particular conditions of 28 construction contracts in Egypt. Noting that they were not considered within FIDIC 87 and 99, kindly rate the importance of including each provision within the particular conditions of Egyptian 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. It is very important for us to learn your opinions.

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
 
 
Do you have experience relevant to Egypt?
 
Yes
 
No
 
 
Drawings
High Medium Low
Entitle the Contractor to propose any improvements or modifications within a certain duration with the inclusion of relevant justifications.
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
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.
 
 
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
Deem the Contractor responsible for any costs that may be incurred due to executing Works outside the Working Hours.
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.
Specify the procedures related to the Contractor's application to execute Works 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
Specify that any required resubmission prior to obtaining the Engineer's approval shall be made within a certain time frame from a written notice by the Engineer.
Require the Contractor to submit cash flows in a form acceptable by the Engineer or in a certain form.
 
 
Plant, Materials, Equipment and Temporary Works
High Medium Low
Identify the consequences of the Contractor's failure to make available of any Equipment when required onsite.
Require the Contractor to provide weatherproof sheds for storage of materials and equipment subject to the Engineer's approval.
Deem the Contractor responsible for any claims that may raised by suppliers in relation to materials.
Identify the consequences of the Contractor's failure to maintain the minimum number of Equipment onsite as specified within the Contract on the times by which they are needed.
 
 
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):