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NEW QUESTION # 60
Which one of the following statements best describes the requirements of Time for Completion?
- A. This is the Contractor's fundamental time-related obligation, namely the completion of most of the Works (except minor outstanding works), within the Time for Completion calculated from the Commencement Date.
- B. This is the Contractor's fundamental time-related obligation, namely completion the whole of the Works within the Time for Completion calculated from the Commencement Date.
- C. This is one of the Contractor's obligations, namely the completion of most of the Works (except minor outstanding works), within the Time for Completion calculated from the Commencement Date.
- D. This is one of the Contractor's obligations, namely the completion of most of the Works (except minor outstanding works), within the Time for Completion calculated from the Effective Date.
Answer: B
Explanation:
Option A best describes the Time for Completion as the Contractor's fundamental obligation to complete the entire Works within the contractual Time for Completion, calculated from the Commencement Date.
Options B, C, and D incorrectly limit the scope to "most" of the Works or confuse the reference date.
The Time for Completion sets the critical timeline for contract performance and triggering of delay damages or extensions.
References:
FIDIC Red and Yellow Books 1999 & 2017 Editions, Sub-Clause 8.1 - Time for Completion FIDIC Contract Manager Study Guide, Module on Time and Delay Management
NEW QUESTION # 61
Under the FIDIC Red Book, which one of the following statements is correct for a claim by the Contractor?
- A. The Engineer's response to a claim by the Contractor is final and binding upon the Employer.
- B. It is the Employer's Representative who must first respond to the claim by the Contractor.
- C. The Engineer's response to the Contractor's submission of detailed particulars that are required by the procedure for claims by the Contractor must include the Engineer's final decision on the quantum.
- D. If the Engineer does not make a determination, the Employer and the Contractor are unable to agree to settle an issue that gave rise to a claim.
- E. The Employer has the authority to accept a claim by the Contractor, even in the case of the Contractor's failure to comply with the notice requirements.
Answer: D
Explanation:
Under FIDIC Red Book 1999, the Engineer plays a key role in determining claims submitted by the Contractor (Clause 20). If the Engineer fails to make a determination within the prescribed time, the Parties may be unable to resolve the dispute and thus the matter may proceed to dispute resolution mechanisms.
Option B is correct because if the Engineer does not decide, the claim remains unsettled, and the Parties are left to resolve the dispute, often via Dispute Adjudication Board or arbitration.
Option A is incorrect; claims must comply with notice requirements to be valid.
Option C is incorrect because the Engineer may request further particulars but is not obligated to give a final decision on quantum immediately.
Option D is incorrect as the Engineer, not the Employer's Representative, first responds to claims.
Option E is incorrect since the Engineer's decision is not final and binding if disputed; it may be challenged.
References:
FIDIC Red Book 1999 Edition, Clause 20 - Claims, Disputes and Arbitration FIDIC Contract Manager Study Guide, Module on Claims and Dispute Resolution
NEW QUESTION # 62
Choose which one statement consists of an example of an unclear and ambiguously drafted Particular Conditions.
- A. The clarifications to the Contract given during the tender period are never to be attached to the Contract, as such clarifications are reflected by amending the Particular Conditions.
- B. Clarifications to the meaning of tender documents together with answers to tenderers' inquiries made during the tender period by the Employer should be e-mailed in a Excel table in both PDF and XLS file format.
- C. All deletions of a General Conditions are replaced with new Particular Conditions that cover the same scope.
- D. Provisions of the General Conditions are deleted and replaced in the Particular Conditions solely by the words "not used".
Answer: D
Explanation:
The use of vague phrases such as "not used" in Particular Conditions to delete provisions of the General Conditions without replacement or explanation leads to ambiguity and unclear contractual obligations. Such drafting can cause confusion as it fails to clarify whether the deleted provisions are simply not applicable or replaced by other terms. This practice is discouraged because it creates legal uncertainty and possible disputes regarding the rights and responsibilities of the parties.
Option A exemplifies this problem, as it deletes General Conditions clauses without specifying alternatives or clarifications.
Option B is a good practice where deletions are replaced by well-defined clauses to maintain contract balance.
Option C describes a clear method of issuing clarifications, promoting transparency and traceability.
Option D is consistent with standard practice, where clarifications during tender are formalized by contract amendments.
References:
FIDIC Contract Manager Study Guide, Module on Contract Administration Procedures and Particular Conditions drafting FIDIC Red Book 2017 Guide notes on drafting Particular Conditions
NEW QUESTION # 63
The procurement process of a project executed based on any FIDIC Contract model is exactly the same in terms of definitions, time and steps, which makes it universal and more easy to use worldwide. Is this statement true or false?
- A. False
- B. True
Answer: A
Explanation:
This statement is false. While FIDIC Contracts provide standardized contractual frameworks, procurement processes vary widely depending on local laws, employer requirements, contract editions, and project specifics. Definitions, timelines, and procurement steps may differ between models and jurisdictions, making the procurement process not universally identical.
The FIDIC contracts are adaptable tools, not rigid procurement procedures, so users must tailor procurement to local and project needs.
References:
FIDIC Contract Manager Study Guide, Module on Contract Formation and Procurement Strategies Various National Procurement Regulations and Practices
NEW QUESTION # 64
A new important feature of the FIDIC Yellow and Silver Books (edition 2017) is the inclusion of the default position that the Works or relevant part of the Works designed by the Contractor shall be fit for their ordinary purposes. Is this statement true or false?
- A. False
- B. True
Answer: B
Explanation:
This statement is true. The FIDIC Yellow and Silver Books (2017 editions) include a clear provision that the Works, or the parts designed by the Contractor, must be fit for their ordinary purposes, reflecting the Contractor's responsibility for design and performance. This introduces an express fitness-for-purpose obligation, which was less explicit in earlier editions.
This provision clarifies risk allocation related to design liability, ensuring that the Contractor is accountable for the fitness of the designed works unless otherwise specified.
References:
FIDIC Yellow and Silver Books 2017 Edition, Sub-Clause 4.1 - Contractor's General Obligations FIDIC Contract Manager Study Guide, Module on Legal Obligations and Fitness for Purpose
NEW QUESTION # 65
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 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.
- B. The Contractor submits a Value Engineering proposal, in which it proposed to change the colour of the outdoor paint. The Engineer approved the proposal.
- C. The Engineer requests a proposal regarding a change in type of windows and doors of the business centre.
- D. The Engineer instructs a change in slopes of stairs to the parking lot with an Instruction in accordance with Sub-Clause 3.3.
Answer: B
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 # 66
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?
- A. 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.
- 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. Each index or price applicable on the date 49 days before the expiry of the Time for Completion of the Works.
Answer: D
Explanation:
Comprehensive and Detailed Explanation:
Under FIDIC Red Book 1999, price adjustments after the Time for Completion are based on the indices or prices applicable on the date 49 days before the expiry of the Time for Completion, not the current index. This prevents the Contractor from benefiting from price fluctuations after the contract period.
This clause ensures fairness by locking the price basis as of a fixed reference date, protecting the Employer from increased costs due to delays.
References:
FIDIC Red Book 1999 Edition, Sub-Clause 13.8 - Adjustments for Changes in Cost FIDIC Contract Manager Study Guide, Module on Price Adjustment
NEW QUESTION # 67
Regarding the FIDIC Red Book (edition 1999): which two statements are true in respect of Building Information Modelling (BIM)?
Choose all of the correct answers (multiple possibilities).
- A. For construction or building projects involving BIM, many Sub-Clauses of FIDIC Red Book (edition
2017) should be thoroughly reviewed when drafting the Particular Conditions. - B. BIM is not related to the improvement of quality, accuracy, delivery times and cost savings.
- C. General Conditions of Contract require the use of BIM.
- D. BIM is one of the digital data technologies used in all aspects of project planning, investigation, design, construction and operation.
Answer: A,D
Explanation:
Option B is correct: BIM is indeed a digital data technology applicable throughout the project lifecycle.
Option D is correct: Use of BIM requires careful consideration of contract clauses and appropriate adjustments in Particular Conditions.
Option A is incorrect; the 1999 edition does not mandate BIM use.
Option C is false; BIM improves quality, accuracy, delivery times, and cost efficiency.
References:
FIDIC Red Book 1999 & 2017 Editions - BIM and Contract Amendments
FIDIC Contract Manager Study Guide, Module on BIM and Digital Technologies
NEW QUESTION # 68
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?
- A. Until all outstanding works as stated in the Taking-Over Certificate are completed.
- 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. After issuance of the Taking-Over Certificate.
Answer: A
Explanation:
The Contractor's obligation to submit progress reports continues until all outstanding work identified in the Taking-Over Certificate has been completed. The Taking-Over Certificate signals substantial completion but may allow for outstanding minor works. Reporting is essential to monitor progress on these outstanding works.
The Performance Certificate relates to final contract completion but reporting usually ends earlier only after all works are completed.
Therefore, Option D is correct.
References:
FIDIC Red Book 1999 & 2017 Editions, Sub-Clause 4.21 - Progress Reports FIDIC Contract Manager Study Guide, Module on Communication and Reporting
NEW QUESTION # 69
Under the FIDIC Red Book (edition 1999), if the Contractor as per Sub-Clause 14.2 has to ensure the Employer receives an Advance Payment Guarantee as per the standard model, what type of instrument should this be?
- A. A surety bond
- B. A parent company guarantee
- C. A bank guarantee
- D. A declaration of joint and several liability
Answer: C
Explanation:
According to FIDIC Red Book 1999, Sub-Clause 14.2, the Advance Payment Guarantee must be a bank guarantee issued by a reputable bank acceptable to the Employer. This bank guarantee serves as security to ensure that the advance payment made by the Employer will be repaid if the Contractor fails to fulfill contractual obligations. The bank guarantee is a commonly used, reliable instrument providing direct financial assurance to the Employer.
Other instruments like surety bonds or parent company guarantees may be acceptable only if explicitly agreed, but the standard requirement is a bank guarantee.
Declaration of joint and several liability is not a typical form of guarantee for advance payments.
References:
FIDIC Red Book 1999 Edition, Sub-Clause 14.2 - Advance Payment Guarantee FIDIC Contract Manager Study Guide, Module on Payment Procedures and Guarantees
NEW QUESTION # 70
Towards the end of implementing a varied work (initiated originally by the Contractor as a "Value Engineering Proposal", relevant designs provided by the Contractor) it turned out, that there is some part of it not complying with the otherwise prevailing standards. Which statements are correct in this situation? [FIDIC Red Book, 2017 Edition] Choose all of the correct answers (multiple possibilities).
- A. In this situation, the whole of the varied works should be removed, and the original technical content reinstated.
- B. In case it is necessary, the Contractor shall prepare designs for works subject to the Value Engineering, hence, it is up to the Contractor to ensure that the works are fit for the purposes, including that the designs are correct, regardless of any approval or "no-objection" of the Engineer.
- C. The Contractor shall immediately rectify, ensuring, that the varied work fully complies with the prevailing standards.
- D. Since the design was approved by the Engineer, the Contractor might not be found responsible for such discrepancy, hence, to be fully compensated.
Answer: B,C
Explanation:
Option C is correct: The Contractor is obligated to rectify any non-compliance with prevailing standards promptly.
Option D is correct: The Contractor carries responsibility for design fitness and correctness, even if the Engineer has approved or not objected to the design.
Option A is incorrect; Engineer approval does not absolve the Contractor from responsibility for defective design or works.
Option B is not necessarily required; only non-compliant parts need correction, not entire varied works.
References:
FIDIC Red Book 2017 Edition, Sub-Clause 4.1 and Clause 13 - Contractor's Obligations and Variations FIDIC Contract Manager Study Guide, Module on Variations and Design Responsibilities
NEW QUESTION # 71
Is the Employer obliged under FIDIC Silver Book (edition 1999) to describe which Documents are to be submitted to the Employer? (1 correct response applies)
- A. Yes, the Employer should define which documents it wants to receive from the Contractor as Contractor's Documents in the Employer's Requirements, as stated in Sub-Clause 5.2.
- B. No, according to Sub-Clause 5.7 provisional operation and maintenance manuals are always required.
- C. Yes, because otherwise the Contractor doesn't have to submit any Document until Completion of the Works as stated in Sub-Clause 1.8.
- D. No, because the Contractor has a duty to supply the Employer with every Document, given Sub-Clause
7.4.
Answer: A
Explanation:
Under the FIDIC Silver Book 1999 (Conditions of Contract for EPC/Turnkey Projects), the Employer must specify clearly in the Employer's Requirements which Contractor's Documents are to be submitted. Sub- Clause 5.2 states that the Contractor must submit all documents listed in the Employer's Requirements, ensuring clarity and enabling the Employer to control the documentation process.
Option D is correct because it highlights the need for Employer's Requirements to define the scope and content of the Contractor's Documents.
Option A is incorrect; although operation and maintenance manuals are generally required, they are part of the specified Contractor's Documents, not automatically required without Employer's direction.
Option B is incorrect as the Contractor's duty to supply documents is limited to those specified.
Option C is incorrect because documentation obligations are ongoing and not just at completion.
References:
FIDIC Silver Book 1999 Edition, Sub-Clause 5.2 - Contractor's Documents FIDIC Silver Book 1999 Edition, Sub-Clause 1.8 - Time for Completion FIDIC Contract Manager Study Guide, Module on Contract Administration Procedures
NEW QUESTION # 72
Which one statement is correct regarding the FIDIC Red Book (edition 2017)?
- A. Instructions to Tenderers are part of the Employer's Requirements.
- B. No Data other than required by the General Conditions of Contract may be entered in the Contract Data.
- C. General Conditions of Contract cannot be amended as it may imbalance the obligations and rights of the Parties.
- D. Instructions to Tenderers may require the tenderer to provide information on matters in Sub-Clause 4.3 on Contractor's Representative and Sub-Clause 6.12 on Key Personnel.
Answer: D
Explanation:
Comprehensive and Detailed Explanation:
In the FIDIC Red Book 2017, Instructions to Tenderers are part of the tender documents but are distinct from the Employer's Requirements. They guide tenderers on how to prepare and submit their tenders. Specifically, Instructions to Tenderers may require tenderers to provide detailed information about their organization, key personnel, and the Contractor's Representative (see Sub-Clause 4.3 on Contractor's Representative and Sub- Clause 6.12 on Key Personnel), which is essential for evaluating the capability and resources of the tenderer.
Option A is incorrect because Instructions to Tenderers are separate from Employer's Requirements; the latter define the scope and technical needs of the project.
Option B is incorrect; Contract Data may include specific data relevant to the particular project beyond just the General Conditions, including amendments and project-specific information.
Option D is incorrect because the General Conditions can be amended through the Particular Conditions (within limits), provided the amendments are balanced and agreed upon by both Parties.
References:
FIDIC Red Book 2017, Guide to Tendering Documents
FIDIC Red Book 2017, Sub-Clause 4.3 - Contractor's Representative
FIDIC Red Book 2017, Sub-Clause 6.12 - Key Personnel
FIDIC Contract Manager Study Guide, Module on Introduction to FIDIC Contracts
NEW QUESTION # 73
The Contractor is entitled to an advance payment, it has obtained such payment and it has not yet been entirely paid back. Under FIDIC Red Book (edition 1999), in which two situations will the outstanding balance of the advance payment become immediately due?
Choose all of the correct answers (multiple possibilities).
- A. If the advance payment is not completely repaid before termination of the Contract.
- B. If advance payment is not completely repaid before the Performance Certificate is issued.
- C. If the advance payment is not completely repaid before Time for Completion.
- D. If the advance payment is not completely repaid before the Taking-Over Certificate is issued.
Answer: A,C
Explanation:
Under the FIDIC Red Book 1999, advance payment is a sum paid to the Contractor to help cash flow early in the project. It must be repaid through deductions from interim payments according to a specified schedule.
* Sub-Clause 14.5 (Advance Payment)states that the Contractor must repay the advance payment by installments, typically by the Time for Completion. If the advance payment has not been fully repaid by the Time for Completion, the outstanding balance becomes immediately due and payable by the Contractor (Option A). This ensures the Employer recovers the advance by the time the project completes.
* Additionally,upon termination of the Contract(Sub-Clause 15.2 or relevant termination clauses), any outstanding balance of the advance payment becomes immediately due (Option D). This protects the Employer's financial interest if the Contract ends prematurely.
* Option B (before the Performance Certificate is issued) and Option C (before the Taking-Over Certificate is issued) arenotexplicitly linked in FIDIC Red Book 1999 to triggering immediate repayment of the advance payment. The Taking-Over Certificate marks practical completion and may precede the final repayment schedule, while the Performance Certificate is issued after the Defects Notification Period.
Therefore, the correct situations for immediate repayment of outstanding advance payment balance arebefore Time for Completion and upon termination of the Contract.
References:
FIDIC Red Book 1999 Edition, Sub-Clause 14.5 - Advance Payment
FIDIC Red Book 1999 Edition, Sub-Clause 15.2 - Termination by Employer (Payment obligations) FIDIC Contract Manager Study Guide, Module on Payment Procedures and Financial Management
NEW QUESTION # 74
In the FIDIC Silver Book (edition 1999), if the Employer has instructed the Contractor as per Sub-Clause 8.6 to provide a revised programme to stay within Time of Completion, the Employer can claim additional costs.
This only applies if the revised programme is still too slow to complete the Works within the Time for Completion. Is this statement true or false?
- A. False
- B. True
Answer: B
Explanation:
This statement is true. Under FIDIC Silver Book 1999, Sub-Clause 8.6, the Employer can instruct the Contractor to submit a revised programme to meet the contractual Time for Completion. If, after such instruction, the revised programme still shows the Works will not complete on time, the Employer may claim additional costs (such as delay damages or compensation) due to continued delay.
Thus, the Employer's right to claim additional costs is contingent on the revised programme not enabling timely completion.
References:
FIDIC Silver Book 1999 Edition, Sub-Clause 8.6 - Revised Programme
FIDIC Contract Manager Study Guide, Module on Claims and Delay Damages
NEW QUESTION # 75
Under the FIDIC Red and Yellow Books (edition 2017), which two of the following elements shall form part of the initial time Programme?
- A. The actual progress to date, any delay to such progress and the effects of such delay on other activities (if any).
- B. The date on which the right of access to and possession of (each part of) the Site is to be given to the Contractor.
- C. The sequence and timing of the remedial work.
- D. All key delivery dates of Plant and Materials.
Answer: B,D
Explanation:
Comprehensive and Detailed Explanation:
Option A is correct: The initial programme must include the date for the Contractor's access to the Site.
Option D is correct: Key delivery dates for Plant and Materials are essential elements of the programme.
Option B relates to updated/revised programmes, not the initial programme.
Option C generally relates to remedial work and is part of revised or detailed programmes.
References:
FIDIC Red and Yellow Books 2017 Edition, Sub-Clause 8.3 - Programme
FIDIC Contract Manager Study Guide, Module on Time and Delay Management
NEW QUESTION # 76
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).
- A. If the payment is not made within the time period required, after the expiry of such period, from the next day onwards, the Contractor is entitled to suspend all his/her activities on Site.
- B. Beyond receiving the financing charges, the Contractor has no further entitlements in such a case.
- C. Right after the expiry of the payment deadline, the Contractor may terminate the contract.
- D. In case the Employer paid the Contractor late, the Contractor becomes entitled to receive financing charges applying the % included in the Contract Data (if this is not stated, then applying the percentage as included under the corresponding Sub-Clause).
- E. The Contractor is entitled to suspend the works or reduce the rate of progress of the work, after giving a due Notice (21 days) about this intention.
Answer: D,E
Explanation:
Option C is correct: The Contractor is entitled to financing charges (interest) on late payments, calculated as per the percentage specified in the Contract Data or corresponding Sub-Clause.
Option D is correct: The Contractor can suspend works or reduce progress after giving due notice, usually 21 days, if payments are not made on time.
Option A is incorrect; termination is not automatic right after the payment deadline expires.
Option B is incorrect; suspension requires prior notice rather than immediate action.
Option E is incorrect because the Contractor has additional remedies such as suspension, beyond just financing charges.
References:
FIDIC Red, Yellow, Silver Books 1999 & 2017 Editions, Sub-Clause 14.8 - Payment of Retention Money and Financing Charges FIDIC Contract Manager Study Guide, Module on Payment Procedures and Remedies
NEW QUESTION # 77
Which two statements reflect an INCORRECT application of a Golden Principle?
- A. Deleting all the clauses in the General Conditions that refer to the DAAB/DAB.
- B. When applying the FIDIC Red Book or Yellow Book, the Commencement Date shall be within 60 days after the Contractor receives the Letter of Acceptance, in lieu of 42 days.
- C. The Contractor's right to suspend work (or reduce the rate of work) effective after giving not less than 3 months (in lieu of 21 days) notice to the Employer.
- D. Any deletions of General Conditions (GC) must be replaced with Particular Conditions (PC) that cover the same scope, and do not leave any roles, duties, obligations, rights, and risk allocation undefined.
Answer: A,B
Explanation:
FIDIC's Golden Principles emphasize clarity, fairness, and completeness in contract drafting and administration. Incorrect applications often create risks, ambiguities, and disputes.
* Option Aiscorrectand reflects a good application of Golden Principles. When deleting clauses from the General Conditions, these must be replaced adequately in the Particular Conditions so that no essential contractual scope or responsibilities are lost or left undefined.
* Option Bisincorrectand reflects an improper deviation from the standard. The standard Commencement Date notification period is42 daysafter the Contractor receives the Letter of Acceptance (per Sub-Clause 8.1). Extending it to 60 days without valid reason or clear agreement introduces uncertainty and potential delay.
* Option Ccan be a legitimate contractual modification, provided it is agreed by the parties. Extending the Contractor's notice period for suspension from 21 days to 3 months is a significant change but not inherently contrary to Golden Principles if done transparently and fairly.
* Option Disincorrectand reflects a poor application of Golden Principles. Deleting all clauses referring to the DAAB/DAB (Dispute Adjudication Board) removes a critical dispute avoidance and resolution mechanism, undermining contract fairness and efficiency.
Therefore,Options B and Drepresent incorrect applications of the Golden Principles.
References:
FIDIC Contract Manager Study Guide, Module on Legal and Ethical Considerations and Golden Principles FIDIC Red Book 2017 Edition, Sub-Clause 8.1 - Commencement of Works FIDIC Red Book 2017 Edition, Clause 21 - Disputes and DAAB
NEW QUESTION # 78
Under FIDIC Red and Yellow Books (edition 2017), which two of the following elements shall form part of the revised programme?
Choose all of the correct answers (multiple possibilities)
- A. The sequence and timing of the remedial work.
- B. Only the delivery dates of Plant and Materials which have not been delivered on Site yet.
- C. The actual progress to date, any delay to such progress and the effects of such delay on other activities (if any).
- D. All internationally recognized holiday periods.
Answer: C,D
Explanation:
Under Sub-Clause 8.3 of the FIDIC Red and Yellow Books 2017, the revised programme must reflect:
The planned sequence and timing of works including recognized holidays (Option A) to ensure realistic scheduling.
The actual progress to date, delays, and impacts on subsequent activities (Option B) so that stakeholders can manage resources and risks effectively.
Option C (remedial work) is typically not part of the main programme but may be in a separate defect rectification schedule.
Option D is too narrow; the programme should include all activities, not only undelivered materials.
References:
FIDIC Red and Yellow Books 2017 Edition, Sub-Clause 8.3 - Programme
FIDIC Contract Manager Study Guide, Module on Time and Delay Management
NEW QUESTION # 79
Under the FIDIC Red Book (edition 1999): the Contractor submitted Final Statement in accordance with the Contract and the Contractor wants to correct it. Can the Contractor correct the Final Statement?
- A. No
- B. Yes
Answer: B
Explanation:
According to the FIDIC Red Book 1999,Sub-Clause 14.10 - Application for Final Payment Certificateand related procedures allow the Contractor to submit the Final Statement, which includes the final account of all sums due.
If after submission the Contractor identifies errors or omissions in the Final Statement, the Contractor is generally entitled tosubmit corrections or adjustmentsto that statement before the issuance of the Final Payment Certificate. This ensures that the final account accurately reflects all amounts due.
The Engineer reviews the Final Statement and may seek clarifications or adjustments. The contract typically allows the Contractor to correct or revise the Final Statement as part of this review process.
However, once the Final Payment Certificate is issued and accepted by the parties, it becomes more difficult for the Contractor to amend the Final Statement without formal agreement or dispute resolution.
Hence, prior to certification, the Contractor can correct the Final Statement.
References:
FIDIC Red Book 1999 Edition, Sub-Clause 14.10 - Application for Final Payment Certificate FIDIC Contract Manager Study Guide, Module on Contract Administration Procedures
NEW QUESTION # 80
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?
- A. GP3 only
- B. GP1, GP2 and GP3
- C. GP1 only
- D. GP1 and GP3
Answer: D
Explanation:
This clause breaches Golden Principles (GP) 1 and 3:
GP1 promotes fairness and balanced risk allocation between parties. Forcing the Contractor to carry out determinations despite a notice of dissatisfaction undermines fair dispute resolution and contractual balance.
GP3 emphasizes the importance of clear and unambiguous contract drafting that reflects agreed procedures.
This sentence introduces ambiguity and overrides contractual rights to dispute determinations.
References:
FIDIC Contract Management Guidelines - Golden Principles
FIDIC Contract Manager Study Guide, Module on Contract Administration and Contract Clauses
NEW QUESTION # 81
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