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1. Which of the following statements are relevant to continuing effect claims? [FIDIC 2017 Edition] (2 correct answers apply)
A) 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.
B) 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.
C) In general, a fully detailed Claim has to be submitted within 84 days after becoming aware of the event giving rise to the claim.
D) In case the Employer is the Claiming Party, then he/she is not obliged to submit interim claims.
2. 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 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.
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 Effective Date.
D) 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.
3. You are the new Contract Manager of the Contractor in a bridge project using FIDIC Yellow Book (edition
2017). The project had been suspended due to a material change in the Employer ' s financial arrangement.
You have worked with your team to identify several failures of the Employer in carrying its obligations under the Contract. Which one of the following does NOT allow the Contractor to issue Notice to terminate the Contract?
A) The Contractor does not receive the amount due under the latest Payment Certificate for more than 4 months after the due date.
B) The Contractor has requested the Employer but has not received any evidence that the financial arrangement is being maintained, despite having sent a notice thereto 4 months earlier.
C) The Employer failed to comply with a final and binding determination issued by the Engineer, and such failure constitutes a material breach of the Employer ' s obligations under the Contract.
D) A prolonged suspension for more than 1 year has affected the whole of the Works.
4. If the Engineer is required to obtain the Employer ' s prior approval to issue determinations (including such requirement in the Particular Conditions) and such approval was not given by the Employer, what possible options are at stake for the Engineer to proceed? [1999 Edition] (2 correct answers apply) Choose all of the correct answers (multiple possibilities).
A) The Engineer should refer the matter in subject to the DAB.
B) Issuing the determination to the Contractor in the form and with the content agreeable to the Employer, with a remark, that it is the Employer ' s determination and not the Engineer ' s determination.
C) Remain silent and not do anything in the subject.
D) Informing the Contractor of their inability of issuing the determination, in lack of the Employer ' s necessary approval.
5. (In the FIDIC Yellow Book (edition 1999), the Contractor has to provide the Engineer with documents as stated in Sub-Clause 5.2. Who is responsible for ensuring there is sufficient time allocated for reviewing these documents in relation to the Schedule of the Works?)
A) Engineer
B) Employer
C) Contractor
Solutions:
| Question # 1 Answer: A,C | Question # 2 Answer: D | Question # 3 Answer: B | Question # 4 Answer: B,D | Question # 5 Answer: C |
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