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1. 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, because otherwise the Contractor doesn ' t have to submit any Document until Completion of the Works as stated in Sub-Clause 1.8.
B) No, according to Sub-Clause 5.7 provisional operation and maintenance manuals are always required.
C) No, because the Contractor has a duty to supply the Employer with every Document, given Sub-Clause
7.4.
D) 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.
2. In case a Variation is initiated by the Engineer for prompt implementation ...... [FIDIC Red, and Yellow Books, 2017 Editions] Choose all of the correct answers (multiple possibilities).
A) ... the Contractor may send a Notice to the Engineer, that the subject of the Variation was Unforeseeable (having regard to the scope and nature of the Works), hence, the Contractor is not to start implementing the varied work promptly.
B) ... the Contractor within 28 days after receiving such instruction shall submit to the Engineer a description of the varied work, a programme for its execution and a proposal for adjustment of the Contract Price.
C) ... the Contractor is required to commence implementing the varied works and take records of all the details ( ... regarding the details of the varied works executed, expenditures incurred, and impact on progress etc.)
D) ... the Contractor is required to commence implementing the varied works even if it would pose immediate hazard to the safety of public areas surrounding the Site
E) ... the Contractor is not bound to start implementing the varied works right up until the price for the varied works is fully agreed (or determined)
3. The FIDIC Books are evolutions of earlier contract models, and although the different versions of a specific model are not the same, familiarity in definitions and structure makes it easier to work with different FIDIC books as well as with their different editions.
Is this statement true or false?
A) False
B) True
4. Which two statements are true under the FIDIC Red Book (edition 1999)?
(Choose all of the correct answers - multiple possibilities)
A) The Engineer shall issue the Performance Certificate within 28 days at the latest: by the end of the Defects Notification Periods, and once the Contractor has supplied all the Contractor ' s Documents and completed and tested all Works including remedying any defects in accordance with the Contract.
B) The Performance Certificate is deemed to constitute the acceptance of the Works.
C) The Performance Certificate constitutes acceptance of the Works and full performance of all obligations of each Party.
D) The Performance Certificate is deemed to be issued on fulfilment of certain conditions stated in the respective Sub-Clause.
5. 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 Engineer is deemed to have no objection to use the revised programme submitted by the Contractor, for the Works.
B) The Engineer shall be deemed to have given a Consent and the revised programme shall be the Programme.
C) The Contractor shall submit a Notice to the Engineer or the Employer reminding him to give its approval on the revised programme.
D) The Contractor cannot proceed in accordance with the Programme.
Solutions:
| Question # 1 Answer: D | Question # 2 Answer: B,C | Question # 3 Answer: B | Question # 4 Answer: A,D | Question # 5 Answer: A |
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