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Certified Contract Manager

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Question # 1

Regarding the FIDIC Silver Book (both editions), if a part of the Works is to be paid according to quantity supplied or work done, appropriate provisions must be included in the Particular Conditions. Is this statement true or false?

Options:

A.  

True

B.  

False

Discussion 0
Question # 2

Which one of the following is NOT considered a change made in the 2017 edition of the FIDIC Red, Yellow, and Silver Books?

Options:

A.  

The concentration on dispute avoidance, including an enhanced role for the Dispute Avoidance and Adjudication Board (DAAB) in this respect, and promoting cooperation between the parties during the project.

B.  

New procedures requiring the Contractor to prepare and implement a Quality Management System to show compliance with the Contract requirements.

C.  

A fair and balanced approach where risk is allocated to the Party that is best able to bear and control that risk.

D.  

New procedures requiring the Contractor to prepare and implement a Compliance Verification System to show that the design, materials, workmanship and certain other matters all comply.

Discussion 0
Question # 3

If the Engineer is required to obtain the Employer's prior approval to issue determinations (including such requirement in the Particular Conditions) and such approval was not given by the Employer, what possible options are at stake for the Engineer to proceed? [1999 Edition] (2 correct answers apply)

Choose all of the correct answers (multiple possibilities).

Options:

A.  

Remain silent and not do anything in the subject.

B.  

The Engineer should refer the matter in subject to the DA

B.  

C.  

Issuing the determination to the Contractor in the form and with the content agreeable to the Employer, with a remark, that it is the Employer's determination and not the Engineer's determination.

D.  

Informing the Contractor of their inability of issuing the determination, in lack of the Employer's necessary approval.

Discussion 0
Question # 4

You are the Contract Manager of the Employer for a Data Centre Project using the FIDIC Yellow Book (edition 2017). As a Contract Manager during the procurement stage, you are to explain the difference between Dispute Avoidance and Adjudication Board (DAAB) and other alternative dispute resolutions for this type of project. Which one of the following statements of its explanation is NOT correct?

Options:

A.  

DAAB is to provide for a fair, timely and efficient resolution of Disputes.

B.  

The function of the DAAB is to remain in place as part of the Parties' project team to assist both Parties, equally and impartially.

C.  

Avoidance of Disputes on the project and resolution of Disputes at or soon after the time they arise is a two-part role of the DAA

B.  

D.  

DAAB provided supports for Parties during arbitration, as a witness to give factual evidence on the background for the DAAB's Decision.

Discussion 0
Question # 5

Regarding the FIDIC Red Book (edition 1999): which two statements are true in respect of Building Information Modelling (BIM)?

Choose all of the correct answers (multiple possibilities).

Options:

A.  

General Conditions of Contract require the use of BIM.

B.  

BIM is one of the digital data technologies used in all aspects of project planning, investigation, design, construction and operation.

C.  

BIM is not related to the improvement of quality, accuracy, delivery times and cost savings.

D.  

For construction or building projects involving BIM, many Sub-Clauses of FIDIC Red Book (edition 2017) should be thoroughly reviewed when drafting the Particular Conditions.

Discussion 0
Question # 6

Which one statement is correct regarding the FIDIC Red Book (edition 2017)?

Options:

A.  

Instructions to Tenderers are part of the Employer's Requirements.

B.  

No Data other than required by the General Conditions of Contract may be entered in the Contract Data.

C.  

Instructions to Tenderers may require the tenderer to provide information on matters in Sub-Clause 4.3 on Contractor's Representative and Sub-Clause 6.12 on Key Personnel.

D.  

General Conditions of Contract cannot be amended as it may imbalance the obligations and rights of the Parties.

Discussion 0
Question # 7

Under the FIDIC Red and Yellow Books (edition 2017), which two of the following elements shall form part of the initial time Programme?

Options:

A.  

The date on which the right of access to and possession of (each part of) the Site is to be given to the Contractor.

B.  

The actual progress to date, any delay to such progress and the effects of such delay on other activities (if any).

C.  

The sequence and timing of the remedial work.

D.  

All key delivery dates of Plant and Materials.

Discussion 0
Question # 8

You are the Contract Manager of the Engineer in a condominium project under FIDIC Yellow Book (edition 2017), with Time for Completion of 5 months.

The Contractor received a Letter of Acceptance on 1 May 2022. The Contract Agreement was signed on 1 June 2022. The Contract Agreement states that the Commencement Date shall be notified by the Engineer, but it shall be no later than 14 days after the signing of the Contract Agreement, subject to the issuance of the construction permit.

1 July 2022 is the first day the Engineer was at Site. On the same day, the Engineer issued a Notice to the Contractor that the Commencement Date shall be 15 July 2022. However, the construction permit was issued only on 1 August 2022.

The Project was completed on 1 December 2022. After completion, the Employer submitted a claim for Delay Damages. Following consultations, the Parties could not reach agreement on the Commencement Date.

What is the correct Commencement Date?

Options:

A.  

12 June 2022

B.  

15 June 2022

C.  

15 July 2022

D.  

1 August 2022

Discussion 0
Question # 9

Which two of the following statements are correct regarding the dayworks under FIDIC Red, Yellow, and Silver Books (both editions)?

Choose all of the correct answers (multiple possibilities).

Options:

A.  

If a Daywork Schedule is not included in the Contract, the Sub-Clause related to dayworks shall not apply.

B.  

The dayworks related Sub-Clause is also applicable to other types of works.

C.  

The dayworks related Sub-Clause is only used for remeasurement in the FIDIC Red Book (both editions) only.

D.  

The Engineer (or the Employer in case of FIDIC Silver Book) may instruct that "a Variation shall" be executed on a daywork basis.

Discussion 0
Question # 10

The Employer has prepared a contract for a waste-to-energy project based on the FIDIC Yellow Book (edition 1999). You are preparing negotiations on behalf of one of the Subcontractors with the Contractor. The main Contractor will manage the design and build of the Works, whereby the Subcontractor will deliver critical systems regarding power generation and cooling. The Contractor intends to contract the main Contract back-to-back with the Subcontractor. In the proposed back-to-back subcontract, the following amendment is proposed through Particular Conditions:

"Sub-Clause 4.4. The following paragraph is added: The Subcontractor is required to scrutinize the Employer's Requirements in a manner identical to the obligations of the Contractor as stated in Sub-Clause 5.1 of the Main Contract. The Subcontractor will indemnify and hold harmless (up to the maximum liability of the Subcontractor) the Contractor with regard to any error, fault or other defect found in the Employer's Requirements, its items of reference or Contractor's design of the Works for the scope part for which Subcontractor is contracted."

What is your advice to the Subcontractor (SC) in regard to entering this proposed subcontract?

Options:

A.  

I would advise the SC to enter the Contract with the request to the Contractor to delete this amendment in the Particular Conditions. If the Contractor does not agree to do so, at least the Subcontractor has tried its best.

B.  

I would advise the SC not to enter this contract because the Contractor is obliged to act in accordance with good faith. A proposed paragraph like this opposes good faith.

C.  

I would advise the SC not to enter this contract, because Sub-Clause 4.4 describes the obligations of SC towards Contractor, but this amendment positions the SC in a vulnerable position for claims regarding all errors, faults or other Defects (whether originating from the Employer's Requirements or the design of the Contractor). Essentially, this means the SC becomes liable for the design part, which is within the scope of Contractor even w

D.  

I would advise the SC to discuss this amendment with the insurance company just to be sure there will be no transfer of risks. This amendment is mainly a consequence of the FIDIC Yellow Book structure, where the Contractor has obligations in terms of scrutinizing the Employer's Requirements. This amendment makes this obligation more explicit. If the insurance company has no problems with insuring the parts which will be delivered by SC to C

Discussion 0
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