Sample Questions of CCM Dumps With 100% Exam Passing Guarantee [Q21-Q37]

NEW QUESTION 21
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

NEW QUESTION 22
Under the FIDIC Red Book (edition 2017), the Engineer has suspended works to come to a change of the design of a part of the Works. After expiry of 84 days of suspension, the Contractor gave notice thereof.
Following this notice, the suspension was not lifted within 28 days. What two statements are correct in such a situation?

Under the Contract the Parties cannot agree on further suspension and the Contractor may immediately terminate the Contract if it affects the whole Works.

The Contractor cannot terminate the Contract.

The Contractor may terminate the Contract if it affects the whole Works, but only after it has given a second notice to the Engineer.

The Contractor may omit the affected part of Works and deny to carry out such Work going forward, but only after it has given a second notice to the Engineer.

NEW QUESTION 23
You are the Contract Manager of the Engineer and person Y is the Contract Manager of the Employer in a construction project under FIDIC 2017 Red Book. The project is late in schedule and Y has issued Employer’s claim on Delay Damages. You have asked Y to consider whether the Contractor’s delay to completion is a reflection of cash-flow shortfall from interim payments before making deductions to the Contractor’s payment. Y replied that even if the Contractor pays Delay Damages to the Employer, the Contractor is still obliged to complete the Works and is not relieved from its duties and obligations. You warned Y of the risks of further reduction of cash-flow by the deduction of Delay Damages from payments. As this could worsen the situation of the Contractor, leading to further delays to the completion of the Works. Who is right?

Both you and Y are both correct.

You are correct, Y is wrong.

You are wrong, Y is correct.

Both you and Y are wrong.

NEW QUESTION 24
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.

NEW QUESTION 25
You are the Contract Manager in a highway project using FIDIC Red Book (edition 1999). You work for the Employer- a highway management agency. During the tender period, you are informed of a specific Commencement Date required by the directors of the agency. Which two of the following approaches to inform the tenderers of this date are clearly and unambiguously drafted?
Choose all of the correct answers (multiple possibilities).

Specify Commencement Date in the Minutes of Meeting of Contract Negotiation.

Specify Commencement Date in the Contract Agreement.

Specify Commencement Date in the Particular Conditions.

Inform the Commencement Date to the tenderers by email, and attach that email in the list of Contract Documents.

NEW QUESTION 26
Under the FIDIC Red, Yellow, and Silver Books (both editions), the Employer has an obligation to give a detailed notice to the Contractor about intended changes that are material to its financial arrangements.

True

False

NEW QUESTION 27
The Contractor is entitled to an advance payment. Applying FIDIC Red Book (edition 1999), which two of the following statements are correct?
Choose all of the correct answers (multiple possibilities):

The advance payment is to help the Contractor to finance some of its early cost and expenditure until it becomes entitled to first (non-interim) payment.

The advance payment reflects the amount of works the Contractor has already performed up to the moment such advance payment is performed.

Under the General Conditions, the amount of advance payment is to be paid in full by the Employer through one instalment.

Under the General Conditions, the advance payment will be repaid by deducting all amounts from invoices until the entire advance payment is repaid.

NEW QUESTION 28
You are the Contract Manager of the Employer’s Representative in a Thermal Power Plant Project. The Contract for this project is EPC Turnkey Contract using the FIDIC Silver Book (edition 2017) with a Contract Price of 28 million USD. The Employer’s Requirements require that: “the Contractor design in accordance with international and national technical regulations, and standards, [etc.]”.
For piling works, the Employer’s Requirements state that the Contractor will design according to a specific national standard for piling works NTS-PW-01. After all piles for the jetty have been installed, a pile load test on lateral bearing capacity shows that actual lateral bearing capacity is much lower than the calculated lateral bearing capacity. It was later revealed by the Technical Standard Committee that there was a typo mistake during preparation of the NTS-PW-01 (translated from a foreign standard). The lateral bearing capacity of installed piles had been substantially overestimated as a result of this typo. Contractor submits a claim for
200,000 USD regarding extra costs for installing additional piles as a result of errors in the Employer’s Requirements.
In the hydrological information of Site Data provided by the Employer, the annual high water level is 4.0m.
However, during the design stage, with updated data from local stations along the rivers, the Contractor found out there was a mistake in the calculation. The annual high water level should be 4.5m. As a result, the Contractor has to design and build additional flood walls along the river to protect the Plant from flooding.
The Contractor claims an amount of 300,000 USD to construct the flood wall, based on Unforeseeable difficulties.
As the Employer’s Representative, after you have consulted with both Parties but failed to reach agreement, you will make a fair determination of the Claims of the Contractor.
In your “Notice of the Employer’s Representative’s determination”, what is your determination for the Contractor?

The Contractor is not entitled to either of the Claims.

The Contractor is entitled to the Claim for additional costs in relation to the piling, based on errors in the Employer’s Requirement only.

The Contractor is entitled to the Claim for the additional flood wall based on Unforeseeable difficulties only.

The Contractor is entitled to both Claims.

NEW QUESTION 29
Which two of the following statements are correct, regarding the Programme under FIDIC Red, Yellow and Silver Books (edition 2017)?
Choose all of the correct answers (multiple possibilities).

The Contractor is required to proceed in accordance with the Programme and the Employer’s Personnel shall be entitled to rely upon the Programme in planning their activities.

Nothing in any Programme will relieve the Contractor from any obligations to give contractual notice under the Conditions of Contract.

The Programme is a contract document, and thus, considered binding on the Parties.

The Engineer/Employer is not required to review the Programme, and also not required to inform the Contractor if the Programme does not comply with the Contract.

NEW QUESTION 30
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.

NEW QUESTION 31
Which FIDIC Book (edition 2017) should be considered first by an Employer that is an experienced employer who knows exactly what they want from a design & engineering perspective?

Yellow Book

Red Book

Silver Book

Yellow or Silver Book

NEW QUESTION 32
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.

NEW QUESTION 33
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?

Yes

No

NEW QUESTION 34
The Employer has prepared a contract for a waste-to-energy project based on the FIDIC Yellow Book (edition
1999). You are preparing negotiations on behalf of one of the Subcontractors with the Contractor. The main Contractor will manage the design and build of the Works, whereby the Subcontractor will deliver critical systems regarding power generation and cooling. The Contractor intends to contract the main Contract back- to-back with the Subcontractor. In the proposed back-to-back subcontract, the following amendment is proposed through Particular Conditions:
“Sub-Clause 4.4. The following paragraph is added: The Subcontractor is required to scrutinize the Employer’s Requirements in a manner identical to the obligations of the Contractor as stated in Sub-Clause
5.1 of the Main Contract. The Subcontractor will indemnify and hold harmless (up to the maximum liability of the Subcontractor) the Contractor with regard to any error, fault or other defect found in the Employer’s Requirements, its items of reference or Contractor’s design of the Works for the scope part for which Subcontractor is contracted.” What is your advice to the Subcontractor (SC) in regard to entering this proposed subcontract?

I would advise the SC to enter the Contract with the request to the Contractor to delete this amendment in the Particular Conditions. If the Contractor does not agree to do so, at least the Subcontractor has tried its best.

I would advise the SC not to enter this contract because the Contractor is obliged to act in accordance with good faith. A proposed paragraph like this opposes good faith.

I would advise the SC not to enter this contract, because Sub-Clause 4.4 describes the obligations of SC towards Contractor, but this amendment positions the SC in a vulnerable position for claims regarding all errors, faults or other Defects (whether originating from the Employer’s Requirements or the design of the Contractor). Essentially, this means the SC becomes liable for the design part, which is within the scope of Contractor even without SC having the opportunity to review it.

I would advise the SC to discuss this amendment with the insurance company just to be sure there will be no transfer of risks. This amendment is mainly a consequence of the FIDIC Yellow Book structure, where the Contractor has obligations in terms of scrutinizing the Employer’s Requirements. This amendment makes this obligation more explicit. If the insurance company has no problems with insuring the parts which will be delivered by SC to Contractor, the SC can accept this risk and enter into the subcontract.

NEW QUESTION 35
Which one of the following documents constitutes a contract and is considered binding on both parties, when the Employer wants to award the Contract to the tenderer?

Letter of Acceptance

Letter of Intent

Memorandum of understanding

Letter of Intent & Memorandum of understanding

NEW QUESTION 36
Which of the following statements are not correct?
Choose all of the correct answers (multiple possibilities).

The Contractor or the Engineer can request a meeting.

Only the Engineer can call for a meeting

Subcontractors cannot attend management or progress meetings unless the Engineer’s approval is obtained.

Only the Employer can call for a meeting.

The Engineer shall keep records of the Progress Meetings.

NEW QUESTION 37
What does discharge confirm under the FIDIC Red Book (edition 1999)?

It confirms interim settlement of all money due to the Contractor

It confirms full and final settlement of all money due to the Contractor.

It confirms the immediate end to the Contract unconditionally whenever issued.

None of the above three statements is correct.

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