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 FIDIC
FIDIC RED
RED BOOK:
BOOK: 1999
1999 Edition
Edition

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m
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elay
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FIDIC
FIDIC RED
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Q1:
Q1: Is
Is the
the Sub
Su
Cont
Cont
FIDIC
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Q1:
Q1: Is
Is the
the Sub-Clause
Sub-Clause 8.3
8.3 Programme
Programme a
a
Contract
Contract Document?
Document?
Next
Next Question
Question
 FIDIC
FIDIC RED
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The
The Sub-Clause
Sub-Clause 88
 FIDIC
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No
No
ee Sub-Clause
Sub-Clause 8.3
8.3 Programme
Programme is
is issued
issued Post-
Post- Next
Next
Contract
Contract
Next
Next Question
Question
 FIDIC
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Q2:
Q2: Can
Can the
the exte
exte
Period
Period of
of a
a Sect
Sect
Previous
Previous Question
Question delay
delay to
to the
the Defe
Defe
rest
rest
 FIDIC
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2:
2: Can
Can the
the extension
extension of of Defects
Defects Notification
Notification
eriod of
Period of a
a Section
Section ofof the
the Works
Works result
result in
in a
a
lay
lay to
to the
the Defect
Defect Notification
Notification Period
Period for
for the
the
rest
rest of
of the
the Works?
Works?
Next
Next Question
Question
 FIDIC
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Yes
Yes -- Sub-Clause
Sub-Clause 11
refer
refer to
to "the
"the latest
latest oo
Previous
Previous Question
Question Notification
Notification Periods.
Periods
Period
Period shall
shall not
not bb
years,
years, Su
S
 FIDIC
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ss -- Sub-Clause
Sub-Clause 11.3;
11.3; Sub-Clauses
Sub-Clauses 11.9
11.9 and
and 14.9
14.9
err to
to "the
"the latest
latest of
of the
the expiry
expiry dates
dates of
of the
the Defects
Defects
ification
ification Periods.
Periods. However,
However, aa Defects
Defects Notification
Notification Next
Next
Period
eriod shall
shall not
not be
be extended
extended byby more
more than
than two
two
years,
years, Sub-Clause
Sub-Clause 11.3
11.3 refers
refers
Next
Next Question
Question
 FIDIC
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Q3:
Q3: Does
Does the
the Con
Con
Previous
Previous Question
Question to
to the
the Employer
Employer w
of
of er
er
 FIDIC
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:: Does
Does the
the Contractor
Contractor owe
owe aa "Duty
"Duty of
of Care"
Care"
the
the Employer
Employer with
with respect
respect to
to the
the discovery
discovery
of
of errors
errors or
or defects?
defects?
Next
Next Question
Question
 FIDIC
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Previous
Previous Question
Question No
No -- Sub-Clause
Sub-Clause 1
do
do not
not imp
imp
 FIDIC
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oo -- Sub-Clause
Sub-Clause 1.8:
1.8: The
The General
General Conditions
Conditions Next
Next
do
do not
not impose
impose aa "Duty
"Duty of
of Care"
Care"
Next
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Question
 FIDIC
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Q4:
Q4: The
The Contract
Contract
and
and unforeseeab
unforeseeab
Previous
Previous Question
Question Contractor
Contractor oblige
oblige
receives
receives a
a rele
rele
 FIDIC
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: The
The Contractor
Contractor issues
issues aa notice
notice for
for adverse
adverse
d unforeseeable
nd unforeseeable physical
physical conditions.
conditions. IsIs the
the
ontractor
ontractor obliged
obliged to
to stop
stop the
the Works
Works until
until he
he
receives
receives aa relevant
relevant instruction
instruction from
from the
the
Engineer?
Engineer?
Next
Next Question
Question
 FIDIC
FIDIC RED
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Previous
Previous Question
Question No
No -- Re
Re
FIDIC
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No
No -- Ref:
Ref: Sub-Clause
Sub-Clause 4.12
4.12 Next
Next
Next
Next Question
Question
 FIDIC
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Q5:
Q5: Sub-Clause
Sub-Clause
supplied
supplied with
with 22
Previous
Previous Question
Question document
document of of lo
lo
states
states that
that 33
many
many cc
IDIC
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Sub-Clause
Sub-Clause 1.81.8 requires
requires the
the Contractor
Contractor to
to be
be
pplied
pplied with
with 22 copies
copies of
of the
the Contract.
Contract. What
What if
if a
a
ument
ument ofof lower
lower priority,
priority, say
say the
the Specification,
Specification,
tates
tates that
that 33 copies
copies should
should bebe supplied.
supplied. How
How
many
many copies
copies should
should bebe provided?
provided?
Next
Next Question
Question
 FIDIC
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33 copies
copies as
as detai
detai
Previous Clause
Clause 1.8
1.8 inclu
inclu
Question
stated
stated i
 FIDIC
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copies
copies as
as detailed
detailed in
in the
the Specification,
Specification, Sub-
Sub-
Clause
Clause 1.8
1.8 includes
includes the
the statement
statement "Unless
"Unless Next Q
otherwise
otherwise
stated
stated in
in the
the Contract,…"
Contract,…"
Next Question
 FIDIC
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Q6:
Q6: What
What isis the
the m
m
Previous
Previous Question
Question Notification
Notification Per
Per
 FIDIC
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6:
6: What
What isis the
the maximum
maximum duration
duration a
a Defects
Defects
Notification
Notification Period
Period can
can be
be extended
extended by?
by?
Next
Next Question
Question
 FIDIC
FIDIC RED
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Previous
Previous Question
Question 22 Years
Years --
FIDIC
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22 Years
Years -- Ref:
Ref: Sub-Clause
Sub-Clause 11.3
11.3 Next
Next
Next
Next Question
Question
 FIDIC
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Q7:
Q7: When
When isis it
it re
re
Previous
Previous Question
Question
request
request the
the EmEm
information
information abou
abo
 FIDIC
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:: When
When is
is it
it reasonable
reasonable for
for the
the Contractor
Contractor to
to
quest
quest the
the Employer
Employer toto provide,
provide, once
once again,
again,
rmation about
ormation about his
his financial
financial arrangements?
arrangements?
Next
Next Question
Question
 FIDIC
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A
A new
new request
request is
is
final
final Contract
Contract Pr
Pr
Previous
Previous Question
Question previously
previously subs
sub
provided
provided by
by the
the EE
 FIDIC
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new
new request
request is
is reasonable
reasonable ifif the
the estimated
estimated
nal
nal Contract
Contract Price
Price has
has exceeded
exceeded the the value
value
previously
previously substantiated
substantiated by by the
the evidence
evidence
ovided
ovided by
by the
the Employer.
Employer. E.g.
E.g. as
as aa result
result of
of aa
Variation
Variation
Next
Next Question
Question
 FIDIC
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Q8:
Q8: The
The Engineer
Engineer st st
for
for additional
additional coco
physical
physical conditions
conditions
bridge
bridge on
on Site)
Site) sh
s
Previous
Previous Question
Question physical
physical conditio
conditi
location
location on
on Site)
Site) wh
w
foreseen
foreseen atat te
te
contractua
contractua
 FIDIC
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The
The Engineer
Engineer states
states that
that the
the Contractor’s
Contractor’s claims
claims
for
for additional
additional costs
costs related
related to
to unforeseeable
unforeseeable
ysical
ysical conditions
conditions for
for earthwork
earthwork operations
operations (for
(for aa
bridge
bridge on
on Site)
Site) shall
shall be
be reduced
reduced to to account
account for
for
physical
physical conditions
conditions for
for aa building
building (at
(at another
another
ation on
cation on Site)
Site) which
which were
were more
more favourable
favourable than
than
foreseen
foreseen atat tender
tender stage.
stage. Is
Is the
the Engineer
Engineer
contractually
contractually entitled
entitled to
to do
do this?
this?
Next
Next Question
Question
 FIDIC
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Previous
Previous Question
Question No
No -- Sub-Clause
Sub-Clause 44
the
the
FIDIC
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-- Sub-Clause
Sub-Clause 4.12
4.12 refers
refers to
to "similar
"similar parts
parts of
of
the
the Works
Works (if
(if any)"
any)"
Next
Next Question
Question
 FIDIC
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Q9:
Q9: The
The Letter
Letter o
Agreement
Agreement cc
Previous
Previous Question
Question documents
documents whiwhi
1.1.1.1
1.1.1.1 and
and 1.5
1.5 i.i.
different.
different. Whic
Whic
 FIDIC
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9: The
Q9: The Letter
Letter ofof Acceptance
Acceptance and and Contract
Contract
Agreement
Agreement contain
contain a
a list
list of
of contract
contract
documents
documents which
which contradicts
contradicts Sub-Clauses
Sub-Clauses
1.1.1
1.1.1 and
and 1.5
1.5 i.e.
i.e. the
the order
order ofof precedence
precedence isis
different.
different. Which
Which provision
provision takes
takes priority?
priority?
Next
Next Question
Question
 FIDIC
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Sub-Clause
Sub-Clause 1.5
1.5 [(a
[(a
the
the Contract
Contract Agree
Agree
have
have priority
priority over
ove
Previous
Previous Question
Question including
including the
the Gen
Gen
Therefore,
Therefore, the
the cont
cont
and
and Letter
Letter of
of Accep
Accep
oth
ot
 FIDIC
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ub-Clause
ub-Clause 1.51.5 [(a)
[(a) and
and (b)]
(b)] clearly
clearly specifies
specifies that
that
ee Contract
Contract Agreement
Agreement and and Letter
Letter of
of Acceptance
Acceptance
ave
ave priority
priority over
over all
all other
other contract
contract documents
documents
ncluding
cluding the
the General
General andand Particular
Particular Conditions.
Conditions. Next
Next
erefore,
erefore, the
the contents
contents ofof the
the Contract
Contract Agreement
Agreement
dd Letter
Letter of
of Acceptance
Acceptance taketake precedence
precedence over
over all
all
other
other documents.
documents.
Next
Next Question
Question
 FIDIC
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Q10:
Q10: A A notice
notice of
of tt
official
official address
address stat
stat
Previous
Previous Question
Question office
office (usually
(usually used
use
th
th
 FIDIC
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10:
10: A A notice
notice of
of termination
termination was
was not
not sent
sent to
to the
the
cial
cial address
address stated
stated in
in the
the Contract
Contract but
but to
to the
the site
site
ffice
ffice (usually
(usually used
used for
for project
project communication).
communication). IsIs
the
the notice
notice valid?
valid?
Next
Next Question
Question
 FIDIC
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Yes:
Yes: Reference:
Reference: Ob
O
Previous
Previous Question
Question Majesty’s
Majesty’s Atto
Atto
((
FIDIC
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:: Reference:
Reference: Obrascon
Obrascon Huarte
Huarte Lain
Lain SA
SA vv Her
Her
Majesty’s
Majesty’s Attorney
Attorney General
General for
for Gibraltar
Gibraltar Next
Next
(“Obrascon”)
(“Obrascon”)
Next
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Question
 FIDIC
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Q11:
Q11: IsIs it
it pos
pos
reverse
reverse a a det
de
Previous
Previous Question
Question Engineer’s
Engineer’s assis
assis
official
official “Engineer
“Engineer
rr
 FIDIC
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Q11:
Q11: IsIs it
it possible
possible for
for the
the Contractor
Contractor toto
reverse
reverse a a determination
determination made
made by
by the
the
ngineer’s
ngineer’s assistant
assistant without
without resorting
resorting to
to an
an
fficial
fficial “Engineer’s
“Engineer’s Determination”
Determination” or or dispute
dispute
resolution?
resolution?
Next
Next Question
Question
 FIDIC
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Previous
Previous Question
Question Yes
Yes –– R
R
FIDIC
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Yes
Yes –– Ref:
Ref: Sub-Clause
Sub-Clause 3.2
3.2 Next
Next
Next
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Question
 FIDIC
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Q12:
Q12: Works
Works insp
insp
Employer’s
Employer’s Perso
Pers
Previous
Previous Question
Question defectively
defectively cons
cons
pass
pass on
on this
this lil
E
 FIDIC
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12:
12: Works
Works inspected
inspected andand approved
approved byby the
the
mployer’s
mployer’s Personnel
Personnel were
were later
later found
found to
to be
be
efectively
efectively constructed.
constructed. CanCan the
the Contractor
Contractor
pass
pass on
on this
this liability
liability to
to the
the Engineer
Engineer or
or
Employer?
Employer?
Next
Next Question
Question
 FIDIC
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Previous
Previous Question
Question No
No -- Ref:
Ref: Sub-
Sub-
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No
No -- Ref:
Ref: Sub-Clause
Sub-Clause 7.3
7.3 –– Inspections
Inspections Next
Next
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 FIDIC
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Q13:
Q13: Can
Can the
the C
C
Previous
Previous Question
Question objection
objection against
against
Engineer
Engineer who
wh
 FIDIC
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13:
13: Can
Can the
the Contractor
Contractor raise
raise a
a contractual
contractual
jection
jection against
against the
the appointment
appointment ofof the
the new
new
Engineer
Engineer who
who was
was validly
validly appointed?
appointed?
Next
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 FIDIC
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Yes
Yes -- Sub-Clause
Sub-Clause 3.43.
Previous
Previous Question
Question the
the Engineer
Engineer is
is inc
inc
the
the appointmen
appointmen
provisio
provisio
FIDIC
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-- Sub-Clause
Sub-Clause 3.4;
3.4; ifif the
the Contractor
Contractor believes
believes that
that
ee Engineer
Engineer is
is incompetent,
incompetent, he he could
could argue
argue that
that Next
Next
the
the appointment
appointment was was breach
breach of
of the
the pertinent
pertinent
provisions
provisions of of Sub-Clause
Sub-Clause 3.1
3.1
Next
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 FIDIC
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Q14:
Q14: Who
Who is
is resp
resp
Previous
Previous Question
Question Employer’s
Employer’s a
a
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4:
4: Who
Who is
is responsible
responsible for
for co-ordinating
co-ordinating the
the
Employer’s
Employer’s and
and Contractor’s
Contractor’s design?
design?
Next
Next Question
Question
 FIDIC
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Previous
Previous Question
Question The
The Engineer
Engineer
FIDIC
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The
The Engineer
Engineer -- Ref:
Ref: Sub-Clause
Sub-Clause 4.1.
4.1. (b)
(b) Next
Next
Next
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Q15:
Q15: Can
Can the
the CC
Subcontract
Subcontract
Previous
Previous Question
Question nominated)
nominated) in
in
Engineer
Engineer
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Q15:
Q15: Can
Can the
the Contractor
Contractor insist
insist on
on using
using aa
Subcontractor
Subcontractor who
who was
was named
named (not
(not
nominated)
nominated) in
in the
the Contract
Contract even
even if
if the
the
Engineer/Employer
Engineer/Employer objects?
objects?
Next
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 FIDIC
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Previous
Previous Question
Question Yes
Yes –– Ref
Re
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Yes
Yes –– Ref:
Ref: Sub-Clause
Sub-Clause 4.4
4.4 (a)
(a) Next
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Q16:
Q16: If
If aa Subcontr
Subcont
the
the expiry
expiry ofof the
the D
D
Previous
Previous Question
Question Contractor
Contractor obli
obl
aa
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16:
16: If
If aa Subcontractor’s
Subcontractor’s obligations
obligations extend
extend past
past
ee expiry
expiry ofof the
the Defects
Defects Notification
Notification Period,
Period, is
is the
the
Contractor
Contractor obliged
obliged to
to inform
inform the
the Employer
Employer
accordingly?
accordingly?
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No
No -- Ref:
Ref: Sub-Clau
Sub-Cla
Previous
Previous Question
Question the
the Engineer,
Engineer, aa rr
specified
specified in
in
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o -- Ref:
Ref: Sub-Clause
Sub-Clause 4.5;
4.5; unless
unless instructed
instructed byby
he
e Engineer,
Engineer, aa requirement
requirement toto do
do this
this is
is not
not Next
Next
specified
specified in
in the
the General
General Conditions
Conditions
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Q17:
Q17: In
In all
all cases,
cases
Previous
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have inspected
inspected
surroundings
surroundings
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7:
7: In
In all
all cases,
cases, is
is the
the Contractor
Contractor deemed
deemed to to
ave inspected
have inspected and
and examined
examined the
the site
site and
and
surroundings
surroundings during
during the
the tender
tender phase?
phase?
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No
No -- Sub-Clause
Sub-Clause 44
Previous
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Question extent
extent which
which was
was pr
pr
and
and time)..".
time)..". Somet
Somet
during
during
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oo -- Sub-Clause
Sub-Clause 4.10
4.10 includes
includes the the phrase
phrase "To
"To the
the
ent
ent which
which was
was practicable
practicable (taking
(taking account
account ofof cost
cost Next
Next
d time)..".
time)..". Sometimes,
Sometimes, it it is
is not
not possible
possible to
to do
do this
this
during
during the
the tender
tender phase.
phase.
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Q18:
Q18: Is
Is the
the Em
Em
information
information abou
abo
Previous
Previous Question
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hydrological cond
cond
to
to Su
Su
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Q18:
Q18: Is
Is the
the Employer
Employer obliged
obliged to
to provide
provide
formation
formation about
about an
an expert’s
expert’s opinion
opinion about
about
drological
drological conditions
conditions to
to tenderers
tenderers pursuant
pursuant
to
to Sub-Clause
Sub-Clause 4.10?
4.10?
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Previous
Previous Question
Question No
No -- Sub-Clause
Sub-Clause 44
opinion"
opinion" is
is
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-- Sub-Clause
Sub-Clause 4.10
4.10 (Site
(Site Data)
Data) -- An
An "Expert's
"Expert's Next
Next
opinion"
opinion" is
is not
not classified
classified as
as data.
data.
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