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Medical Professional Certified Case Manager Certification Exam (CCM) Sample Questions (Q84-Q89):
NEW QUESTION # 84
Which FIDIC Book (edition 2017) should be considered first by an Employer that is an experienced employer who knows exactly what they want from a design & engineering perspective?
- A. Silver Book
- B. Red Book
- C. Yellow or Silver Book
- D. Yellow Book
Answer: B
Explanation:
The FIDIC Red Book (2017 edition) is traditionally used for construction contracts where the Employer provides the design, and the Contractor primarily executes the construction works. This form is suitable for Employers who have detailed and well-defined design and engineering requirements and want to retain control over the design.
* TheRed Bookis ideal for experienced Employers who have a clear and fixed design and require the Contractor to build accordingly.
* TheYellow Bookis typically used where the Contractor is responsible for both design and construction (design & build). It suits Employers who want to delegate design responsibility to the Contractor.
* TheSilver Bookis used for turnkey or EPC contracts where the Contractor takes full responsibility for design, procurement, construction, and commissioning, suitable for Employers seeking minimal involvement in design and execution details.
* Hence, for an Employer whoknows exactly what they wantfrom a design and engineering perspective and wants to maintain control, theRed Bookis the first and most appropriate choice.
References:
FIDIC Red Book 2017 Edition - Conditions of Contract for Construction
FIDIC Yellow Book 2017 Edition - Conditions of Contract for Plant and Design-Build FIDIC Silver Book 2017 Edition - Conditions of Contract for EPC/Turnkey Projects FIDIC Contract Manager Study Guide, Module on Contract Selection
NEW QUESTION # 85
Upon review of the revised programme, submitted by the Contractor, if the Engineer (under FIDIC Red or Yellow Books) or Employer (under FIDIC Silver Book) does not give a Notice of Non-Compliance within 14 days after receiving a revised programme, then ... [complete the sentence, thereby considering FIDIC Red, Yellow, and Silver Books (edition 2017)]. (1 correct answer applies)
- A. The Contractor shall submit a Notice to the Engineer or the Employer reminding him to give its approval on the revised programme.
- B. The Engineer shall be deemed to have given a Consent and the revised programme shall be the Programme.
- C. The Engineer is deemed to have no objection to use the revised programme submitted by the Contractor, for the Works.
- D. The Contractor cannot proceed in accordance with the Programme.
Answer: C
Explanation:
Comprehensive and Detailed Explanation:
According to the FIDIC 2017 editions (Red, Yellow, and Silver Books), when the Contractor submits a revised programme, the Engineer or Employer has a limited time (typically 14 days) to review and raise any Notice of Non-Compliance if the programme does not meet contract requirements (Sub-Clause 8.3 or equivalent). If no notice is issued within this period, the Engineer or Employer is deemed to have no objection to the revised programme.
This does not imply formal approval or consent, but the programme can be used for the execution and administration of the works in the absence of objections. This avoids unnecessary delay due to inaction.
Option D is correct as it captures this deemed "no objection" position.
Option B is incorrect as "deemed consent" is stronger than FIDIC provisions state; it is more correct to say
"no objection".
Option A is incorrect since the Contractor does not have to remind the Engineer or Employer for consent within this period.
Option C is incorrect because the Contractor may proceed if no non-compliance is notified.
References:
FIDIC Red Book 2017 Edition, Sub-Clause 8.3 - Programme
FIDIC Yellow Book 2017 Edition, Sub-Clause 8.3 - Programme
FIDIC Silver Book 2017 Edition, Sub-Clause 8.3 - Programme
FIDIC Contract Manager Study Guide, Module on Time and Delay Management
NEW QUESTION # 86
(Which of the following two statements are correct regarding subcontractors under FIDIC Red, Yellow, and Silver Books (edition 2017)?
Choose all of the correct answers (multiple possibilities).)
- A. If no maximum allowable accumulated value of work subcontracted is stated in the Contract Data, the Contractor shall not be entitled to subcontract the whole of the Works without prior consent of the Engineer.
- B. The Contractor shall obtain the Engineer's and the Employer's prior consent to all Subcontractors.
- C. The Contract Data may identify parts of the Works which the Contractor is not entitled to subcontract.
- D. The Contractor shall not be responsible for the acts or defaults of any Subcontractor.
Answer: A,C
Explanation:
Under FIDIC 2017 (Clause 4.4 [Subcontractors]), the Contractor is generally permitted to subcontract parts of the Works, but subject to specific controls and limitations.
Option B is correct. FIDIC expressly provides that the Contractor shall not subcontract the whole of the Works without prior consent of the Engineer. This ensures that the Contractor remains the primary responsible party and does not transfer the entire contractual obligation to others without oversight.
Option D is also correct. The Contract Data may specify certain portions of the Works that cannot be subcontracted, preserving critical elements under the direct responsibility of the Contractor.
Option A is incorrect because only the Engineer's consent is generally required for subcontracting (not both Engineer and Employer), except in specific cases defined in the Contract.
Option C is incorrect because the Contractor remains fully responsible for the acts, defaults, and neglect of all Subcontractors, as if they were the Contractor's own actions. This is a fundamental FIDIC principle ensuring a single point of responsibility.
These provisions maintain control, accountability, and quality assurance in project execution while allowing flexibility in subcontracting arrangements.
NEW QUESTION # 87
(You are the Contract Manager for the Engineer in a highway project using FIDIC Red Book (edition 1999).
There is a Schedule of cost indexation included in the Contract. The project must be completed by 31 December of this year. If the Contractor fails to complete the Works by then, how will the adjustment of prices take place thereafter? (1 correct answer applies))
- A. Each index or price applicable on the date 49 days before the expiry of the Time for Completion of the Works.
- B. The current index or price.
- C. Either the current index/price, or index or price applicable on the date 49 days before the expiry of the Time for Completion of the Works, whichever agreed by Parties.
- D. Either the current index/price, or index or price applicable on the date 49 days before the expiry of the Time for Completion of the Works, whichever is more favourable to the Employer.
Answer: D
Explanation:
Under FIDIC Red Book 1999, Sub-Clause 13.8 [Adjustments for Changes in Cost] governs the mechanism for price adjustment based on cost indices. A critical provision applies when the Contractor fails to complete the Works within the Time for Completion.
In such circumstances, FIDIC protects the Employer against additional cost increases resulting from Contractor-caused delay. The clause explicitly states that the adjustment of prices after the contractual completion date shall be calculated using whichever index is more favourable to the Employer between:
* the indices applicable at the time the work is actually carried out (current index), and
* the indices applicable 49 days before the expiry of the Time for Completion.
This ensures that the Contractor does not benefit from inflation or cost escalation occurring after the contractual completion date if the delay is attributable to the Contractor. It reinforces the principle that the Contractor bears the financial consequences of delays under its responsibility.
Options A and B are incomplete because they ignore the comparison mechanism. Option D is incorrect because the rule is predefined and not subject to further agreement.
Thus, Option C correctly reflects the FIDIC contractual mechanism for price adjustment after delayed completion.
NEW QUESTION # 88
You are the Contract Manager for the Engineer in a hotel project using FIDIC Red Book (edition 1999). The Employer demands perfection in the project's design and construction quality. There are many Variations initiated by the Employer during construction. Which one of the following is NOT considered as a Variation?
- A. The Contractor submits a Value Engineering proposal, in which it proposed to change the colour of the outdoor paint. The Engineer approved the proposal.
- B. The Engineer requests a proposal regarding a change in type of windows and doors of the business centre.
- C. The Engineer instructs a change in slopes of stairs to the parking lot with an Instruction in accordance with Sub-Clause 3.3.
- D. The Employer verbally instructs a change in the layout of the rooftop restaurant. The Engineer issued an Instruction describing the required change with revised design drawings.
Answer: A
Explanation:
Comprehensive and Detailed Explanation:
Option A is NOT a Variation because it originates from a Value Engineering proposal by the Contractor, not from Employer or Engineer instruction or request.
Options B, C, and D are all variations initiated by the Employer or Engineer.
References:
FIDIC Red Book 1999 Edition, Clause 3 - Variations
FIDIC Contract Manager Study Guide, Module on Variations
NEW QUESTION # 89
......
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