Pass Medical Professional CCM Exam With Practice Test Questions Dumps Bundle [Q34-Q56]

NO.34 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?

After issuance of the Taking-Over Certificate.

After issuance of the Performance Certificate.

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

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

NO.35 In the FIDIC Silver Book (both editions), the Notice of the Commencement Date will be informed by whom?
(1 correct response applies)

The Engineer

The Engineer’s Resident Engineer

The Employer

The Employer’s Representative

NO.36 You are the Contract Manager of the Employer for a Data Centre Project using the FIDIC Yellow Book (edition 2017). As a Contract Manager during the procurement stage, you are to explain the difference between Dispute Avoidance and Adjudication Board (DAAB) and other alternative dispute resolutions for this type of project. Which one of the following statements of its explanation is NOT correct?

DAAB is to provide for a fair, timely and efficient resolution of Disputes.

The function of the DAAB is to remain in place as part of the Parties’ project team to assist both Parties, equally and impartially.

Avoidance of Disputes on the project and resolution of Disputes at or soon after the time they arise is a two-part role of the DAAB.

DAAB provided supports for Parties during arbitration, as a witness to give factual evidence on the background for the DAAB’s Decision.

NO.37 Which of the following situations form legally binding contracts? (2 correct answers apply) Choose all of the correct answers (multiple possibilities)

The Employer received the Contractor’s Letter of Tender and issued a Letter of Intent.

The Employer and the Contractor signed the Contract Agreement.

The Employer received the Contractor’s Letter of Tender and issued a conditional Letter of Acceptance.

The Employer received the Contractor’s Letter of Tender and issued Letter of Acceptance.

NO.38 Choose which one statement consists of an example of an unclear and ambiguously drafted Particular Conditions.

Provisions of the General Conditions are deleted and replaced in the Particular Conditions solely by the words “not used”.

All deletions of a General Conditions are replaced with new Particular Conditions that cover the same scope.

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.

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.

NO.39 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).

Remain silent and not do anything in the subject.

The Engineer should refer the matter in subject to the DAB.

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.

Informing the Contractor of their inability of issuing the determination, in lack of the Employer’s necessary approval.

NO.40 Under both FIDIC Yellow Book (YB) and Silver Book (SB) (edition 1999), if the Engineer (YB) / Employer (SB) instructs the Contractor based on Sub-Clause 8.6 to provide a revised programme, the acceptance by the Engineer (YB) / Employer (SB) of a revised programme with a completion within Time of Completion entitles the Contractor to a payment of the needed extra costs. Is this statement true or false?

True

False

NO.41 Which of the following FIDIC contract forms require certification in the payment process? (2 correct answers apply) Choose all of the correct answers (multiple possibilities).

FIDIC Conditions of Contract for Construction (“Red Book”).

FIDIC Conditions of Contract for Plant and Design Build (“Yellow Book”).

FIDIC Conditions of Contract for EPC/Turnkey Projects (“Silver Book”).

NO.42 Regarding the FIDIC Silver Book (both editions), if a part of the Works is to be paid according to quantity supplied or work done, appropriate provisions must be included in the Particular Conditions. Is this statement true or false?

True

False

NO.43 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?

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.

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.

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.

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.

NO.44 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?

12 June 2022

15 June 2022

15 July 2022

1 August 2022

NO.45 Under the FIDIC Red and Yellow Books (edition 1999): if the Engineer gives an instruction which requires the Employer’s prior approval, the Contractor is required to verify whether the Engineer has obtained the Employer’s prior approval or not. Is this statement true or false?

True

False

NO.46 There are four reasons that the Employer/Contractor shall advise in advance each other and the Engineer of any known or future events or circumstances.
Which two of the following statements areNOTapplicable reasons?
(Choose all correct answers – multiple possibilities)

Delay the execution of the Works or a Section.

Decrease the Contract Price.

Adversely affect the work of the Contractor’s Personnel.

Increase the performance of the Works when completed.

NO.47 Regarding FIDIC Yellow and Silver Books (edition 1999) the Contractor has submitted its design proposal through the Contractor’s Proposal. Which two of the following statements are true in this respect, after it has been submitted?
Choose all of the correct answers (multiple possibilities).

The Contractor is entitled to change the design by optimising the design, without approval of the Employer/Engineer.

The Contractor is not allowed to make any changes regarding the design to optimise the design, unless approved by the Engineer/Employer.

The Contractor may submit a proposal for Value Engineering.

The Contractor is not allowed to submit a proposal for Value Engineering, as any value engineering should already have taken place before submitting its design proposal.

NO.48 What are two differences between a notice and other communications under the FIDIC Red Book (edition
2017)? (2 correct answers apply)
Choose all of the correct answers (multiple possibilities).

Notice is a defined term, while other communications are not defined as a term in the General Conditions.

Contractually there is no difference between a notice and other communications.

Both ‘Notice’ and ‘Other Communications’ are defined terms under the Conditions of Contract.

The Parties and Engineer shall be given original or copy of any Notice, Notice of Dissatisfaction (NOD) and Certificates, which is not always the case for other communications.

NO.49 Under the FIDIC Construction Contract, which one of the following statements is correct?

For an ad-hoc DAB, a retainer fee for each DAB Member must be paid to the Member on the first day of each calendar month.

Payments of a DAB Member’s retainer fee is the sole responsibility of the Contractor.

Payment to DAB Members must be certified by the Employer.

A DAB must give its decision in writing on any dispute when requested by one of the Parties.

If all persons nominated to serve as members of an ad hoc DAB do not sign a DAB Agreement, an appointing entity can make appointments.

NO.50 Under the FIDIC Yellow Book (both editions), the Contract is administered by the Employer (unless it appoints an Employer’s Representative) who endeavours to reach agreement with the Contractor on each claim. Is this statement true or false?

True

False

NO.51 Which one of the following statements is correct regarding the Employer’s Representative under the FIDIC Silver Book (edition 1999)?

The Representatives of both the Employer and the Engineer have no authority to amend the Contract at all.

The Employer may appoint an Employer’s Representative to act on his behalf under the Contract.

The Employer must always appoint an Employer’s Representative to act on his behalf under the Contract.

The Employer may appoint an Employer’s Representative to act on his behalf under the Contract but has to consult the Contractor to agree to this Representative.

NO.52 Both FIDIC Silver Book (SB) and Yellow Book (YB) (edition 1999) mention the Contractor scrutinising the Employer’s Requirements. Which statement is correct?

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.

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.

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.

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.

NO.53 When does discharge become effective under the FIDIC Red Book (edition 1999)? (1 correct answer applies)

When the Contractor receives full payment certified through the Final Payment Certificate.

When the Contractor receives its Performance Security from the Employer.

When the Contractor receives full payment certified through the Final Payment Certificate and return of the Performance Security.

When the Employer counter signs a discharge notice as issued by the Contractor, following full payment and return of the Performance Security.

NO.54 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?

Each index or price applicable on the date 49 days before the expiry of the Time for Completion of the Works.

The current index or price.

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.

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.

NO.55 Which two statements reflect an INCORRECT application of a Golden Principle?

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.

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.

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.

Deleting all the clauses in the General Conditions that refer to the DAAB/DAB.

NO.56 Which one answer holds two statements that are both correct with regards to risks and key considerations regarding the Golden Principles?

“The Employer obtains the best value for money” AND “Disputes should be avoided to the extent achievable.”

“Only the Employer should be the one to obtain the best value for money” AND “The Contractor
/Subcontractor is paid adequately and timely in accordance with the Contract to maintain its cash flow.”

“The Contractor/Subcontractor is paid adequately and in a timely manner in accordance with the Contract to maintain its cash flow” AND “The terms of the Contract are comprehensive and fair to primarily the Employer”.

“The Contractor should take advantage of its bargaining power every time possible” AND “Disputes are avoided to the extent achievable, minimised when they do arise, and resolved efficiently.”

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