CCM Dumps PDF – CCM Real Exam Questions Answers [Q36-Q57]

新しい質問36
Which one of the following statements is NOT correct in respect of FIDIC Yellow Book (both editions)?

The Contract typically becomes legally effective when the Employer issues the Letter of Acceptance to the Contractor.

The General Conditions allocate the risks between the parties on a fair and equitable basis.

A disproportionate amount of risks is allocated to the Contractor under the General Conditions.

The Contractor provides plant and designs (except as otherwise specified) and executes the other works, all in accordance with the Contract, which includes its Proposal and the Employer’s Requirements.

新しい質問 37
Which one statement is correct regarding the FIDIC Red Book (edition 2017)?

Instructions to Tenderers are part of the Employer’s Requirements.

No Data other than required by the General Conditions of Contract may be entered in the Contract Data.

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.

General Conditions of Contract cannot be amended as it may imbalance the obligations and rights of the Parties.

新しい質問 38
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.

新しい質問 39
Under the FIDIC Construction Contract (Red Book), which of the following amendments do NOT comply with the FIDIC Golden Principles? [1999 Edition] (2 correct answers apply) Choose all of the correct answers (multiple possibilities).

The Contractor is responsible for the performance of the Nominated Subcontractors

Deletion of Sub-Clauses 20.2 – 20.4 for a Project constructed in United Arab Emirates

The DAB Decision is final and binding

The Payment shall be released by the Employer within 180 days calculated from receiving the Contractor’s Monthly Statement

新しい質問 40
Under the FIDIC Red Book (edition 1999), as part of the Contractor submission of Statement, any amount to be deducted for retention, will be calculated by applying the percentage of retention stated in the Appendix to Tender to the total of: (two correct answers apply) Choose all of the correct answers (multiple possibilities).

The estimated contract value of the Works executed.

Any amounts to be added and/or deducted for the advance payment and repayments under Sub-Clause
14.2.

Any amounts to be added and deducted for changes in legislation and changes in cost.

Any amounts to be added and deducted for Plant and Materials in accordance with Sub-Clause 14.5.

新しい質問41
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?

GP1 only

GP3 only

GP1 and GP3

GP1, GP2 and GP3

新しい質問 42
Which one of the following claim events does NOT allow profit?

Under the Construction Contract, interference by the Employer with Tests on Completion.

Under the Construction Contract, the Engineer’s delay in supplying drawings or issuing instructions.

Under the Construction Contract, the failure of the Employer to give right of access to the site.

Under the Construction Contract, the relevant authority had unnecessarily delayed the approval.

Under the Plant and Design-Build Contract, errors in the Employer’s requirements.

新しい質問 43
A Contractor under the FIDIC Silver Book (edition 1999) has not been able to finish the Works within the Time for Completion as mentioned in the Contract and has overrun the Time for Completion by 3 months.
This results in a significant claim of $4,500,000 from the Employer. The Employer has submitted this claim to the Contractor according to the procedures as mentioned in the Contract. The Contractor asks you for advice and refers to Clause 8. Which one of the following statements is NOT true?

If there are Variations agreed between the Contractor and the Employer, the Contractor should check if an adjustment for Time for Completion was part of any of these Variations.

The root cause of the delay has to be determined by the Contractor, thereby especially verifying if the cause of the delay lies in a delay caused by the Authorities.

In addition to the delay damages as mentioned in Sub-Clause 2.5, the Employer has the right to claim any extra costs it has to make due to the delay, as delay damages are not seen as compensation for costs incurred by the Employer, but only as an incentive for the Contractor to perform on time.

If the delay is entirely caused by the Employer having instructed the Contractor to suspend progress during the Works, while the cause of the suspension is not the responsibility of the Contractor, the claim for delay damages was wrongfully issued.

新しい質問44
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).

If the advance payment is not completely repaid before Time for Completion.

If advance payment is not completely repaid before the Performance Certificate is issued.

If the advance payment is not completely repaid before the Taking-Over Certificate is issued.

If the advance payment is not completely repaid before termination of the Contract.

新しい質問45
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?

The Contractor submits a Value Engineering proposal, in which it proposed to change the colour of the outdoor paint. The Engineer approved the proposal.

The Engineer instructs a change in slopes of stairs to the parking lot with an Instruction in accordance with Sub-Clause 3.3.

The Engineer requests a proposal regarding a change in type of windows and doors of the business centre.

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.

新しい質問 46
Before applying the procurement process of any FIDIC Book, the Employer should always check if there are local procurement rules that also apply. Which one of these responses is correct?

No, because the FIDIC procurement process is universal.

No, because Employers never have specific procurement rules.

Yes, based on the law system, internal governance or type of Employer additional procurement rules can apply.

Yes, but this is only applicable for public entities like governments. If the Employer is a private organisation (like a company), they are free to procure how they want.

新しい質問 47
A large sewage pump installation has been constructed under the FIDIC Yellow Book (edition 1999). Prior to commencement of the Tests on Completion, the Employer requires the Contractor to issue the Operation and Maintained Manuals. All contract documents are to be drafted in the English language as per Sub-Clause 1.4.
However, the Employer discovers all documents are drafted in a different language: French. The Contractor explains that the territory where the Plant was constructed is a region with French as a second official language, as result of which, this approach is acceptable. This also works for the proposed maintenance company, which is Paris-based. The Employer is surprised and asks you what to do. Select the best fitting advice you should give the Employer.

The Employer should check on the Appendix to Tender, Employer’s Requirements and / or Particular Conditions. There could very well be specific requirements regarding the language in those. If that is not the case, the language of the Contract determined in Sub-Clause 1.4 and the language of the Operation and Maintained Manuals should in this case be English.

If French is indeed an official second language of the region where the Plant is built, the Contractor is entitled to deliver the documents in French. The usability in terms of language is not described in Sub- Clause 5.7, so the Employer should accept the Operation and Mantained Manuals in French.

Golden Principle no. 1 states: The duties, rights, obligations, roles and responsibilities of all the Contract Participants must be generally as implied in the General Conditions, and appropriate to the requirements of the project. In this case this means it is appropriate that the Operation and Maintenance Manuals are in French, as the maintenance is based in France.

As the Contract is written in the English language, Sub-Clause 1.4 dictates that the Operation and Maintenance Manuals should be written in English as well.

新しい質問 48
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.

新しい質問 49
You are the Contract Manager of the Engineer in a hotel project. In May 2020, the Employer and the Contractor signed a Contract based on the FIDIC Yellow Book (edition 2017), as per which the Contractor will design and build a hotel project with Contract Price of 5,100,000 USD. The Time for Completion for this project is 12 months (May 2021). The Contract also named a nominated Subcontractor (as referred to in Sub- Clause 4.5) who provides mechanical, electrical, and plumbing services for the project (including the fire fighting system), which was accepted by the Contractor without any discussions.
The Project was delayed due to issues with the fire fighting system, and you issued the Taking-Over Certificate in June 2022.
The Employer sent a Notice of Claim to the Contractor on Delay Damages with a maximum value equal to
10% of Contract Price (510,000 USD). The Employer also gave a Notice to the Contractor stating that the Contractor has failed to submit the evidence of payment to the nominated Subcontractor as well as the reason for withholding payment to the nominated Subcontractor. Therefore, the Employer has paid the nominated Subcontractor directly the entire amount due, coming to 100,000 USD. The Employer intends to include this amount as a deduction in the Final Payment to the Contractor.
As Contract Manager of the Engineer, you are tasked to make a fair determination of the Notices of the Employer. In your “Notice of the Engineer’s determination”, what is your determination for the deduction of the next Interim Payment to the Contractor in relation to the amount directly paid to the nominated Subcontractor?

The Employer is entitled to deduct the amount directly paid.

The Employer is not entitled to deduct the amount directly paid.

新しい質問50
Which two statements are true under the FIDIC Red Book (edition 1999)?
(Choose all of the correct answers – multiple possibilities)

The Performance Certificate is deemed to constitute the acceptance of the Works.

The Performance Certificate constitutes acceptance of the Works and full performance of all obligations of each Party.

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.

The Performance Certificate is deemed to be issued on fulfilment of certain conditions stated in the respective Sub-Clause.

新しい質問 51
Applying FIDIC Silver Book (edition 1999), which one of the following elements shallnotform part of the time Programme/revised programme?

The intended order of the works.

The sequence and timing of inspections and tests.

The remedial work (if any) instructed under Sub-Clause 7.6.

Review periods under Sub-Clause 5.2.

新しい質問 52
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)

All internationally recognized holiday periods.

The actual progress to date, any delay to such progress and the effects of such delay on other activities (if any).

The sequence and timing of the remedial work.

Only the delivery dates of Plant and Materials which have not been delivered on Site yet.

新しい質問 53
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.

新しい質問 54
If a FIDIC Red, Yellow, or Silver Book (edition 2017) is applied, in which of the following two cases is the Contractor required to submit a revised programme?
Choose all of the correct answers (multiple possibilities).

The Contractor shall revise the Programme only by request from the Engineer or the Employer (in case of FIDIC Silver Book).

To accurately reflect the actual progress of the Works, but only if any Programme ceases to reflect actual progress with at least 42 days.

To accurately reflect the actual progress of the Works, whenever any Programme ceases to reflect actual progress or is otherwise inconsistent with the Contractor’s obligations.

Upon a request from the Engineer (under FIDIC Red or Yellow Books) or Employer (under FIDIC Silver Book) notifying it that the Programme fails to comply with the Contract, to a specified extent, or no longer reflects actual progress or is otherwise inconsistent with the Contractor’s obligations.

新しい質問 55
Giving “Notice” …. [2017 edition] (2 correct answers apply)
Choose all of the correct answers (multiple possibilities).

… is not a compulsory obligation, but “highly recommended”.

… is always compulsory together with a clear indication of the relevant Sub-Clause under which the Notice is being served.

… is a special obligation for the Engineer only, in order to enable him/her to manage the implementation of the contract.

… is intended for written communications, in full compliance with the formal requirements outlined in the dedicated Sub-Clause.

新しい質問56
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.

新しい質問 57
FIDIC Red, Yellow, and Silver Books (both editions) contain a provision for the Engineer or Employer to instruct the Contractor to employ a subcontractor, thereby also permitting the Contractor to refuse to employ such proposed subcontractor on the basis of a reasonable objection by a notice. Is this statement true or false?

真

偽

CCM Dumps PDF – CCM Real Exam Questions Answers [Q36-Q57]