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Medical Professional Certified Case Manager Certification Exam (CCM) Sample Questions (Q90-Q95):
NEW QUESTION # 90
Under the FIDIC Red Book (edition 2017), the Engineer has suspended works to come to a change of the design of a part of the Works. After expiry of 84 days of suspension, the Contractor gave notice thereof.
Following this notice, the suspension was not lifted within 28 days. What two statements are correct in such a situation?
- A. The Contractor cannot terminate the Contract.
- B. The Contractor may omit the affected part of Works and deny to carry out such Work going forward, but only after it has given a second notice to the Engineer.
- C. Under the Contract the Parties cannot agree on further suspension and the Contractor may immediately terminate the Contract if it affects the whole Works.
- D. The Contractor may terminate the Contract if it affects the whole Works, but only after it has given a second notice to the Engineer.
Answer: C,D
Explanation:
Under FIDIC Red Book 2017, if the Engineer suspends works for more than 84 days and the Contractor notifies the Engineer, but the suspension is not lifted within 28 days, the Contractor may terminate the contract if the suspension affects the whole of the Works (Option A).
Additionally, the Contractor must give a second notice before termination (Option C). This process ensures proper communication and adherence to contractual procedures.
Option B is incorrect; termination is allowed under specified conditions.
Option D is incorrect; omission of work is not generally permitted without formal termination.
References:
FIDIC Red Book 2017 Edition, Sub-Clause 8.9 - Suspension by Engineer
FIDIC Contract Manager Study Guide, Module on Suspension and Termination
NEW QUESTION # 91
In the FIDIC Silver Book (both editions), the Notice of the Commencement Date will be informed by whom?
(1 correct response applies)
- A. The Engineer
- B. The Employer
- C. The Engineer ' s Resident Engineer
- D. The Employer ' s Representative
Answer: B
Explanation:
In the FIDIC Silver Book (1999 and 2017 editions), which is tailored for EPC/Turnkey contracts, the Employer is responsible for notifying the Contractor of the Commencement Date (Sub-Clause 8.1). Unlike other FIDIC contracts where the Engineer might notify commencement, the Silver Book places more responsibility on the Employer due to the nature of the contract where the Contractor is largely responsible for design and execution with fewer Engineer roles.
The Employer's formal notification of the Commencement Date signals the official start of the Contractor's obligations and triggers timelines under the contract.
The Engineer or Resident Engineer typically does not issue such notice in the Silver Book framework.
References:
FIDIC Silver Book 1999 and 2017 Editions, Sub-Clause 8.1 - Commencement of Works FIDIC Contract Manager Study Guide, Module on Contract Formation and Execution
NEW QUESTION # 92
(Both FIDIC Silver Book (SB) and Yellow Book (YB) (edition 1999) mention the Contractor scrutinising the Employer ' s Requirements. Which statement is correct?)
- A. Scrutinising in FIDIC Yellow Book 1999 and Silver Book 1999 means that the Contractor must ask the Employer to check the Employer's Requirements very well to see if the Works can be built on that location according to the Employer's Requirements.
- B. Scrutinising in FIDIC Yellow Book 1999 means the same as in FIDIC Silver Book 1999; in both models it means that after the contract closes and before starting the actual making of the design, the Contractor has to read the Employer's Requirements very thoroughly and check on any errors, omissions or conflicts.
- C. Scrutinising in FIDIC Yellow Book 1999 means that the Contractor has the opportunity after the contract close to report on any errors, mistakes or conflicts in the Employer's Requirements. In the FIDIC Silver Book 1999 scrutinising provides that obligation during the tender period; the Contractor has to review and verify the Employer's Requirements more strictly before submitting the tender.
- D. Scrutinising in FIDIC Silver Book 1999 means that the Contractor should read the Employer's Requirements very thoroughly after the contract closes and see if the Employer's Requirements is complete or if something is missing.
Answer: C
Explanation:
Under FIDIC 1999, both Yellow Book and Silver Book include provisions requiring the Contractor to scrutinise the Employer's Requirements, but the timing and level of responsibility differ significantly.
In the Yellow Book, Sub-Clause 5.1 allows the Contractor to review the Employer's Requirements and, after contract award, notify errors, ambiguities, or inconsistencies. The risk remains more balanced, and the Contractor may rely on the Employer's Requirements to a reasonable extent.
In contrast, the Silver Book (EPC/Turnkey) imposes a much stricter obligation. The Contractor is deemed to have fully scrutinised and satisfied itself as to the correctness and sufficiency of the Employer's Requirements during the tender stage. This reflects the Silver Book's risk allocation, where the Contractor assumes greater responsibility for design and project risks, including errors in the Employer's Requirements (with limited exceptions).
Therefore, Option D correctly captures this fundamental distinction:
* Yellow Book # scrutiny mainly after contract award with notification rights.
* Silver Book # stronger pre-contract obligation during tender, with greater risk assumed by the Contractor.
This difference is a key element in FIDIC risk allocation philosophy between design-build (Yellow) and EPC
/turnkey (Silver) contracts.
NEW QUESTION # 93
(Under the FIDIC Red Book, which of the following statements are correct? [2017 Edition] (2 correct answers apply) Choose all of the correct answers (multiple possibilities).)
- A. An attempt to reach an amicable settlement is a mandatory requirement before an Engineer ' s ruling can be referred to a DAAB.
- B. A decision by a DAAB is not final and binding on the Parties until it is confirmed by an arbitration award.
- C. The FIDIC Red Book ' s General Conditions specify a standing DAAB.
- D. A DAAB member nominated by one of the Parties must be agreed by the other Party.
- E. If the Employer or the Contractor fails to notify its dissatisfaction with an Engineer ' s ruling within the specified time, the DAAB ' s decision is final and binding.
Answer: C,D
Explanation:
Under the FIDIC Red Book 2017, Clause 21 establishes a standing Dispute Avoidance/Adjudication Board (DAAB) as a default requirement. This is a major evolution from the 1999 edition, where a Dispute Adjudication Board (DAB) could be ad hoc. Therefore, Option C is correct, as the General Conditions clearly provide for a standing DAAB appointed at the outset of the Contract.
Option D is also correct. The appointment procedure for DAAB members requires mutual agreement between the Parties. Even if one Party nominates a member, that nomination must be accepted by the other Party to ensure neutrality, independence, and confidence in the dispute resolution process.
Option A is incorrect because amicable settlement (Clause 21.5) is required after a DAAB decision and before arbitration, not before referring a matter to the DAAB.
Option B is incorrect because DAAB decisions are binding immediately (whether or not final), unless and until revised by arbitration. They are not dependent on prior confirmation by arbitration to be binding.
Option E is incorrect because failure to give a Notice of Dissatisfaction (NoD) relates to a DAAB decision becoming final and binding-not an Engineer's determination. The statement incorrectly mixes procedural steps.
These provisions reflect FIDIC's structured multi-tier dispute resolution system, promoting early resolution through DAAB before escalation to arbitration.
NEW QUESTION # 94
Which two of the following statements are correct, regarding the Programme under FIDIC Red, Yellow and Silver Books (edition 2017)?
Choose all of the correct answers (multiple possibilities).
- A. The Programme is a contract document, and thus, considered binding on the Parties.
- B. Nothing in any Programme will relieve the Contractor from any obligations to give contractual notice under the Conditions of Contract.
- C. The Engineer/Employer is not required to review the Programme, and also not required to inform the Contractor if the Programme does not comply with the Contract.
- D. The Contractor is required to proceed in accordance with the Programme and the Employer ' s Personnel shall be entitled to rely upon the Programme in planning their activities.
Answer: B,D
Explanation:
Option A is correct: The Contractor must proceed according to the approved Programme, and the Employer's personnel rely on the Programme for coordinating their activities.
Option B is correct: Submission and approval of the Programme do not relieve the Contractor of the obligation to give timely notices for delays or other events as required under the contract (e.g., notices under Sub-Clause 8.4).
Option C is incorrect because the Programme is not strictly a contract document binding parties in the legal sense; it is a working tool to manage and monitor progress.
Option D is incorrect; the Engineer/Employer must review the Programme and notify the Contractor if it does not comply, per contract clauses.
References:
FIDIC Red, Yellow, and Silver Books 2017, Sub-Clause 8.3 and 8.4 - Programme and Notices FIDIC Contract Manager Study Guide, Module on Time and Delay Management
NEW QUESTION # 95
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