Читать книгу The 2017 FIDIC Contracts - William Godwin - Страница 36

The Contractor is obliged under clause 5.1 to scrutinise the Employer's Requirements after the notice of commencement of the works under clause 8.1 has been issued by the Employer. If the Contractor finds an error, fault or defect in the Employer's Requirements as a result of this scrutiny he must give a notice to the Engineer within whatever period may be stated in the Contract Data (or, if none is stated, 42 days) calculated from the commencement date. If after expiry of this period the Contractor finds an error, fault or defect he must also give a notice to the Engineer describing it.

The Engineer must then proceed under clause 3.7 to agree or determine:

1 (a) whether or not there is a defect in the Employer's Requirements;

2 (b) whether or not (taking into account cost and time) an experienced contractor exercising due care would have discovered it either (i) when examining the site and Employer's Requirements before he submits his tender or (ii) when scrutinising the Employer's Requirements under clause 5.1 (if the defect is notified after expiry of the period referred to in the preceding paragraph calculated from the commencement date); and

3 (c) what measures (if any) the Contractor is required to take to rectify the defect.

If an experienced and careful contractor would not have discovered the defect and suffers delay and/or incurs cost as a result he may claim an extension of time and/or payment of cost plus profit. If the Contractor is required to take any measures as a result of the defect he is entitled to have them treated as having been instructed as variations under clause 13.3.1, and to an appropriate extension of time and/or payment accordingly, without having to claim.