QUESTION NO: 1
Under the FIDIC Red and Yellow Books (edition 1999), which two of the following statements are correct regarding the issuance of Interim Payment by the Engineer?
(Choose all correct answers - multiple possibilities)
Under the FIDIC Red and Yellow Books (edition 1999), which two of the following statements are correct regarding the issuance of Interim Payment by the Engineer?
(Choose all correct answers - multiple possibilities)
Correct Answer: A,C
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QUESTION NO: 2
In a drafted FIDIC Silver Book (edition 1999), the following sentence has been added to Sub-Clause 3.5:
" In case of an Instruction regarding a pending or proposed Variation, Contractor shall carry out any determination regardless of a possible notice of dissatisfaction. " What GP(s) is/are breached?
In a drafted FIDIC Silver Book (edition 1999), the following sentence has been added to Sub-Clause 3.5:
" In case of an Instruction regarding a pending or proposed Variation, Contractor shall carry out any determination regardless of a possible notice of dissatisfaction. " What GP(s) is/are breached?
Correct Answer: B
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QUESTION NO: 3
(In FIDIC contracts, a number of time limits are included for the Parties and the Engineer to perform various obligations. How are failures to comply with these time limits most typically being dealt with in these forms of contracts? [2017 Edition] (1 correct answer))
(In FIDIC contracts, a number of time limits are included for the Parties and the Engineer to perform various obligations. How are failures to comply with these time limits most typically being dealt with in these forms of contracts? [2017 Edition] (1 correct answer))
Correct Answer: A
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QUESTION NO: 4
(For specific probable future events or circumstances which may adversely affect the Works, FIDIC Red and Yellow Books (edition 1999) provide a duty to notify specific parties. Which two statements are correct?
Choose all of the correct answers (multiple possibilities).)
(For specific probable future events or circumstances which may adversely affect the Works, FIDIC Red and Yellow Books (edition 1999) provide a duty to notify specific parties. Which two statements are correct?
Choose all of the correct answers (multiple possibilities).)
Correct Answer: A,D
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QUESTION NO: 5
You are the Contract Manager of the Engineer in a hotel project. In May 2020, the Employer and the Contractor signed a Contract based on the FIDIC Yellow Book (edition 2017), as per which the Contractor will design and build a hotel project with Contract Price of 5,100,000 USD. The Time for Completion for this project is 12 months (May 2021). The Contract also named a nominated Subcontractor (as referred to in Sub- Clause 4.5) who provides mechanical, electrical, and plumbing services for the project (including the fire fighting system), which was accepted by the Contractor without any discussions.
The Project was delayed due to issues with the fire fighting system, and you issued the Taking-Over Certificate in June 2022.
The Employer sent a Notice of Claim to the Contractor on Delay Damages with a maximum value equal to
10% of Contract Price (510,000 USD). The Employer also gave a Notice to the Contractor stating that the Contractor has failed to submit the evidence of payment to the nominated Subcontractor as well as the reason for withholding payment to the nominated Subcontractor. Therefore, the Employer has paid the nominated Subcontractor directly the entire amount due, coming to 100,000 USD. The Employer intends to include this amount as a deduction in the Final Payment to the Contractor.
As Contract Manager of the Engineer, you are tasked to make a fair determination of the Notices of the Employer. In your " Notice of the Engineer ' s determination " , what is your determination for the deduction of the next Interim Payment to the Contractor in relation to the amount directly paid to the nominated Subcontractor?
You are the Contract Manager of the Engineer in a hotel project. In May 2020, the Employer and the Contractor signed a Contract based on the FIDIC Yellow Book (edition 2017), as per which the Contractor will design and build a hotel project with Contract Price of 5,100,000 USD. The Time for Completion for this project is 12 months (May 2021). The Contract also named a nominated Subcontractor (as referred to in Sub- Clause 4.5) who provides mechanical, electrical, and plumbing services for the project (including the fire fighting system), which was accepted by the Contractor without any discussions.
The Project was delayed due to issues with the fire fighting system, and you issued the Taking-Over Certificate in June 2022.
The Employer sent a Notice of Claim to the Contractor on Delay Damages with a maximum value equal to
10% of Contract Price (510,000 USD). The Employer also gave a Notice to the Contractor stating that the Contractor has failed to submit the evidence of payment to the nominated Subcontractor as well as the reason for withholding payment to the nominated Subcontractor. Therefore, the Employer has paid the nominated Subcontractor directly the entire amount due, coming to 100,000 USD. The Employer intends to include this amount as a deduction in the Final Payment to the Contractor.
As Contract Manager of the Engineer, you are tasked to make a fair determination of the Notices of the Employer. In your " Notice of the Engineer ' s determination " , what is your determination for the deduction of the next Interim Payment to the Contractor in relation to the amount directly paid to the nominated Subcontractor?
Correct Answer: A
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QUESTION NO: 6
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?
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?
Correct Answer: A,B
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QUESTION NO: 7
(Which two answers show characteristics of Test on Completion or Test After Completion under the FIDIC Silver Book (edition 1999)?
Choose all of the correct answers (multiple possibilities).)
(Which two answers show characteristics of Test on Completion or Test After Completion under the FIDIC Silver Book (edition 1999)?
Choose all of the correct answers (multiple possibilities).)
Correct Answer: B,D
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QUESTION NO: 8
(Which two statements are correct for the FIDIC Red Book (edition 2017)?
Choose all of the correct answers (multiple possibilities).)
(Which two statements are correct for the FIDIC Red Book (edition 2017)?
Choose all of the correct answers (multiple possibilities).)
Correct Answer: A,C
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QUESTION NO: 9
Which of the following form a Contractor ' s entitlement, in case the Contractor does not receive an interim payment within the allocated contractual deadline for payment? (2 correct answers apply) Choose all of the correct answers (multiple possibilities).
Which of the following form a Contractor ' s entitlement, in case the Contractor does not receive an interim payment within the allocated contractual deadline for payment? (2 correct answers apply) Choose all of the correct answers (multiple possibilities).
Correct Answer: C,D
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QUESTION NO: 10
(Under the FIDIC Red, Yellow, and Silver Books (1999 editions), the Engineer/Employer shall be entitled to withhold from the release of retention money the estimated cost of any work which remains to be executed under Clause 11 (Defects Liability) in the Red Book or under Clause 12 (Tests after Completion) in the Yellow and Silver Books. Is this statement true or false?)
(Under the FIDIC Red, Yellow, and Silver Books (1999 editions), the Engineer/Employer shall be entitled to withhold from the release of retention money the estimated cost of any work which remains to be executed under Clause 11 (Defects Liability) in the Red Book or under Clause 12 (Tests after Completion) in the Yellow and Silver Books. Is this statement true or false?)
Correct Answer: B
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