Question 1

Which one of the following is not a required document to be submitted by the Contractor if the Employer requests a proposal, prior to instructing a Variation, for FIDIC 2017 Yellow Book?

Options :

A : A description of the varied work.

B : A description of the proposed design.

C : Details of the resources and methods to be adopted by the Contractor.

D : A Programme for execution of the varied work.

Answer: B

Question 2

Which two of the following statements are correct regarding Dispute under the FIDIC Red, Yellow, and Silver Books (edition 2017)? Choose all of the correct answers (multiple possibilities)

Options :

A :

In case the Engineer refuses to issue a Performance Certificate or to issue one with a correct date under Sub-Clause 11.9, and the Contractor has disagreed with the requested entitlement or relief in connection with this refusal, Dispute shall be deemed to have arisen.

B :

If a Party is dissatisfied with the determination and has given Notice of Dissatisfaction (NOD) to the other party within a strict 28-day time limit, a Dispute arises and either Party may proceed under SubClause 21.4 to obtain a DAAB decision on it.

C :

The Dispute must be submitted to the Dispute Avoidance and Adjudication Board (DAAB) within 42 days, otherwise the NOD is deemed to have lapsed and is no longer valid.

D : Both 'Disagreement' and 'Dispute' are defined terms under the Conditions of Contract.

Answer: A,B

Question 3

For the FIDIC Red Book (both editions), the Contractor is required to submit a progress report monthly. When does the Contractor's reporting requirement end?

Options :

A : After issuance of the Taking-Over Certificate.

B : After issuance of the Performance Certificate.

C : At the Date of Completion of the Works (irrespective of whether there is minor outstanding work to be performed).

D : Until all outstanding works as stated in the Taking-Over Certificate are completed.

Answer: D

Question 4

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?

Options :

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 instructs a change in slopes of stairs to the parking lot with an Instruction in accordance with Sub-Clause 3.3.

C :

The Engineer requests a proposal regarding a change in type of windows and doors of the business centre.

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

Question 5

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

Answer: D

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