Which of the following statements are relevant to continuing effect claims? [FIDIC 2017 Edition] (2 correct answers apply)

• A. In general, a fully detailed Claim has to be submitted within 84 days after becoming aware of the event giving rise to the claim.
• B. Continuing effect claims shall be noticed in the same way as " normal " claims, within 28 days after the Claiming Party became aware of the event or circumstance.
• C. In case the Contractor is the Claiming Party, when he/she misses to submit even just a single interim claim, then his/her entitlement is lost.
• D. In case the Employer is the Claiming Party, then he/she is not obliged to submit interim claims.

You are the Contract Manager of the Employer ' s Representative in a Thermal Power Plant Project. The Contract for this project is EPC Turnkey Contract using the FIDIC Silver Book (edition 2017) with a Contract Price of 28 million USD. The Employer ' s Requirements require that: " the Contractor design in accordance with international and national technical regulations, and standards, [etc.] " .
For piling works, the Employer ' s Requirements state that the Contractor will design according to a specific national standard for piling works NTS-PW-01. After all piles for the jetty have been installed, a pile load test on lateral bearing capacity shows that actual lateral bearing capacity is much lower than the calculated lateral bearing capacity. It was later revealed by the Technical Standard Committee that there was a typo mistake during preparation of the NTS-PW-01 (translated from a foreign standard). The lateral bearing capacity of installed piles had been substantially overestimated as a result of this typo. Contractor submits a claim for
200,000 USD regarding extra costs for installing additional piles as a result of errors in the Employer ' s Requirements.
In the hydrological information of Site Data provided by the Employer, the annual high water level is 4.0m.
However, during the design stage, with updated data from local stations along the rivers, the Contractor found out there was a mistake in the calculation. The annual high water level should be 4.5m. As a result, the Contractor has to design and build additional flood walls along the river to protect the Plant from flooding.
The Contractor claims an amount of 300,000 USD to construct the flood wall, based on Unforeseeable difficulties.
As the Employer ' s Representative, after you have consulted with both Parties but failed to reach agreement, you will make a fair determination of the Claims of the Contractor.
In your " Notice of the Employer ' s Representative ' s determination " , what is your determination for the Contractor?

• A. The Contractor is entitled to both Claims.
• B. The Contractor is entitled to the Claim for additional costs in relation to the piling, based on errors in the Employer ' s Requirement only.
• C. The Contractor is not entitled to either of the Claims.
• D. The Contractor is entitled to the Claim for the additional flood wall based on Unforeseeable difficulties only.

What does discharge confirm under the FIDIC Red Book (edition 1999)?

• A. None of the above three statements is correct.
• B. It confirms full and final settlement of all money due to the Contractor.
• C. It confirms interim settlement of all money due to the Contractor
• D. It confirms the immediate end to the Contract unconditionally whenever issued.

Under the FIDIC Red Book (edition 1999), as part of the Contractor submission of Statement, any amount to be deducted for retention, will be calculated by applying the percentage of retention stated in the Appendix to Tender to the total of: (two correct answers apply) Choose all of the correct answers (multiple possibilities).

• A. Any amounts to be added and/or deducted for the advance payment and repayments under Sub-Clause
  14.2.
• B. Any amounts to be added and deducted for Plant and Materials in accordance with Sub-Clause 14.5.
• C. The estimated contract value of the Works executed.
• D. Any amounts to be added and deducted for changes in legislation and changes in cost.

(Under the FIDIC Yellow Book (edition 1999), any delay caused by Authorities will be considered as a cause of Delay under sub paragraph (b) of Sub-Clause 8.5 under the only condition that the Contractor has diligently followed the procedures laid down by the public authorities in the Country. Is this statement true or false?)

• A. True
• B. False