Under the FIDIC Red Book (edition 2017), if the Contractor fails to comply with Site clearance obligation, what two options does the Employer have?
Choose all of the correct answers (multiple possibilities)
A.
The Employer may sell or otherwise dispose any remaining items and reinstate the Site at the Contractor's Cost.
B.
The Engineer cannot sell or otherwise dispose any remaining items and reinstate the Site at the Contractor's Cost.
C.
The Employer is entitled to the cost of reinstating, clearing the Site and disposal cost to the extent they exceed the money received from selling the remaining Contractor's items on the Site.
D.
The Employer cannot reinstate and clear the Site and dispose the remaining Contractor's items on the Site if the Contractor fails, as this is the Contractor's obligation.
Option Ais correct: The Employer may sell or dispose of any items left by the Contractor and reinstate the Site, recovering costs from the Contractor.
Option Cis correct: The Employer is entitled to recover costs for clearing, reinstatement, and disposal exceeding proceeds from sale.
Option Bis incorrect; the Engineer does not hold this authority, but the Employer does under the contract.
Option Dis incorrect; if the Contractor fails to clear the Site, the Employer may take action to protect the Site.
[References:, FIDIC Red Book 2017 Edition, Sub-Clause 8.7 – Contractor's Use of Site, FIDIC Contract Manager Study Guide, Module on Contract Administration Procedures, ]
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