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You are the new Contract Manager of the Contractor in a bridge project using FIDIC...

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You are the new Contract Manager of the Contractor in a bridge project using FIDIC Yellow Book (edition 2017). The project had been suspended due to a material change in the Employer's financial arrangement. You have worked with your team to identify several failures of the Employer in carrying its obligations under the Contract. Which one of the following does NOT allow the Contractor to issue Notice to terminate the Contract?

A.

A prolonged suspension for more than 1 year has affected the whole of the Works.

B.

The Contractor does not receive the amount due under the latest Payment Certificate for more than 4 months after the due date.

C.

The Contractor has requested the Employer but has not received any evidence that the financial arrangement is being maintained, despite having sent a notice thereto 4 months earlier.

D.

The Employer failed to comply with a final and binding determination issued by the Engineer, and such failure constitutes a material breach of the Employer's obligations under the Contract.

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Under both FIDIC Yellow Book (YB) and Silver Book (SB) (edition 1999), if the Engineer...