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Medical Professional Certified Case Manager Certification Exam (CCM) Sample Questions (Q75-Q80):
NEW QUESTION # 75
If defects are identified during the Tests on Completion, which one of the following options is not available to the Parties under the Contract?
- A. By giving reasons, the Engineer can refuse to accept the Works until repeated tests have been successfully performed.
- B. If the defects do not affect the use of the Works for their intended purpose, the Engineer can issue the Taking-Over Certificate.
- C. The Party which is not liable for the cost of rectifying defects can expect the other Party to pay the cost of performing the repeated tests.
- D. The Employer can request to take over the Works.
Answer: C
Explanation:
Under FIDIC contracts, when defects are identified during Tests on Completion, the Engineer may still issue the Taking-Over Certificate if the defects do not materially affect the intended use (Option A). The Engineer can refuse acceptance until defects are rectified and tests repeated (Option B). The Employer can also request to take over the works (Option C).
However, Option D is not a standard contractual provision; the contract does not stipulate that the Party not liable for rectifying defects is entitled to payment for repeated tests. Typically, costs of repeated tests due to defects are borne by the liable party.
References:
FIDIC Red, Yellow, and Silver Books, Sub-Clause 10.1 and 10.3 - Taking Over and Tests on Completion FIDIC Contract Manager Study Guide, Module on Project Close-Out and Defects
NEW QUESTION # 76
You are the Contract Manager for the Engineer in a hospital project using FIDIC Yellow Book (edition 2017).
The Employer demands perfection in the project ' s design and construction quality. There are many Variations initiated by the Employer during design and construction. Which one of the following is considered to be a valid Variation?
- A. The Engineer instructs a change in slopes of the access road to the intensive care unit to meet the Employer ' s Requirement. The Engineer does so with a Notice in accordance with Sub-Clause 3.5.
- B. The Contractor submits a Value Engineering proposal regarding the lighting system for the operation rooms. The Engineer is positive about the proposal and tells the Contractor they need to look into it.
- C. The Engineer requests a proposal regarding a change in type of windows and doors. The Contractor submitted the proposal accordingly to the Engineer. The Engineer instructs the Variation.
- D. The Employer verbally instructs a change in the type of doors. The Engineer issued a Notice describing the required change and denying any costs for the Contractor.
Answer: A
Explanation:
Option B is correct: A Variation is a formal change to the Works instructed by the Engineer via a Notice (Sub- Clause 3.5). This includes changes to design or execution such as slopes on a road.
Option A is a proposal, not yet a Variation. Positive interest does not constitute a Variation.
Option C is partially correct but depends on formal instruction after proposal acceptance; the question specifies the Engineer instructs the Variation, but since it was a request for proposal first, the Variation instruction comes later. Without explicit instruction, this is not yet a Variation.
Option D is invalid as verbal instruction plus a Notice denying cost claims does not constitute a proper Variation.
References:
FIDIC Yellow Book 2017 Edition, Sub-Clause 3.5 - Variation Procedure
FIDIC Contract Manager Study Guide, Module on Variations and Change Management
NEW QUESTION # 77
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 means that the Contractor has the opportunity after 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; Contractor has the opportunity to report on any errors, mistakes or conflicts in the Employer's Requirements and for Employer to change it; for after contract closes this is not a duty anymore of Employer.
- 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 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.
- D. 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.
Answer: A
Explanation:
mprehensive and Detailed Explanation:
Option D correctly captures the difference between Yellow and Silver Books (1999):
In the Yellow Book, the Contractor may raise concerns after contract close.
In the Silver Book, the Contractor must scrutinize and report on Employer's Requirements during the tender period, and after contract close this duty lapses.
Other options misunderstand timing or scope of scrutiny.
References:
FIDIC Yellow and Silver Books 1999 Editions, Sub-Clause 4.1 - Contractor's General Obligations FIDIC Contract Manager Study Guide, Module on Employer's Requirements and Scrutiny
NEW QUESTION # 78
Which of the following statements are relevant to continuing effect claims? [FIDIC 2017 Edition] (2 correct answers apply)
- A. In general, a fully detailed Claim has to be submitted within 84 days after becoming aware of the event giving rise to the claim.
- B. Continuing effect claims shall be noticed in the same way as "normal" claims, within 28 days after the Claiming Party became aware of the event or circumstance.
- C. In case the Employer is the Claiming Party, then he/she is not obliged to submit interim claims.
- D. In case the Contractor is the Claiming Party, when he/she misses to submit even just a single interim claim, then his/her entitlement is lost.
Answer: A,B
Explanation:
Comprehensive and Detailed Explanation:
Option A is correct: Continuing effect claims (claims where the event's impact continues over time) require notices like other claims, typically within 28 days of awareness.
Option D is correct: The fully detailed claim submission generally must be within 84 days of becoming aware of the event, allowing the Claiming Party to elaborate on the claim.
Option B is incorrect; Employer claims also require timely notification.
Option C is incorrect; missing a single interim claim does not necessarily result in losing entitlement if the contract allows for correction or continued claims.
References:
FIDIC Red, Yellow, and Silver Books 2017 Edition, Sub-Clause 20.1 - Claims and Notices FIDIC Contract Manager Study Guide, Module on Claims and Continuing Effects
NEW QUESTION # 79
(FIDIC Red Book (edition 2017) stipulates that the measurement shall be made as per the actual quantities executed at Site. Which one of the following statements is correct?)
- A. The measurement shall be made of actual quantity of each item of the Permanent Works with allowance of shrinkage of the used materials.
- B. The measurement shall be always made of the net actual quantity of each item of the Permanent Works.
- C. None of the above are correct.
- D. Measurements of the actual quantity of an item of the Permanent Works that was not specified in the Bill of Quantities, the Contractor will choose the appropriate price.
Answer: B
Explanation:
Under the FIDIC Red Book 2017, Clause 12 [Measurement and Evaluation], specifically Sub-Clause 12.1
[Works to be Measured] , establishes that the Works shall be measured, and payment shall be based on the actual quantities of work executed in accordance with the Contract.
The key principle is that measurement is based on the "net actual quantities" of each item of Permanent Works. This means that only the final in-place quantities are considered, excluding wastage, shrinkage, or temporary excesses unless explicitly stated otherwise in the Contract. Therefore, Option A correctly reflects this fundamental rule.
Option B is incorrect because FIDIC does not generally allow additions for shrinkage or material losses unless expressly provided in the Particular Conditions or Specifications. Measurement is based on completed work, not material input.
Option C is incorrect because if an item is not included in the Bill of Quantities, valuation is determined under Sub-Clause 12.3 [Evaluation], where the Engineer determines appropriate rates-not the Contractor unilaterally.
Option D is incorrect because Option A is clearly aligned with FIDIC provisions.
Thus, Option A correctly represents the measurement methodology under FIDIC Red Book 2017.
NEW QUESTION # 80
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