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1. Applying FIDIC Silver Book (edition 1999), which one of the following elements shall not form part of the time Programme/revised programme?
A) The sequence and timing of inspections and tests.
B) Review periods under Sub-Clause 5.2.
C) The intended order of the works.
D) The remedial work (if any) instructed under Sub-Clause 7.6.
2. (You are the Contract Manager of the Employer ' s Representative for a project using FIDIC Silver Book (edition 1999). The Contract Agreement does not define the Commencement Date. The Contract has been legally effective for 4 weeks. You are writing a letter urging the Employer to issue a Notice of Commencement Date. Why is this important? (2 correct answers apply))
A) If no notified Commencement Date were more than 8 weeks since the Contract became legally effective, the Contractor will be entitled to financial compensation.
B) The Contractor shall be entitled to give notice of termination if the Contractor does not receive a Notice of Commencement Date within 12 weeks after both Parties signed the Contract Agreement.
C) The Employer's failure to notify the Commencement Date within 6 weeks after the date on which the Contract comes into full force and effect would constitute a breach of the Contract.
D) If no notified Commencement Date were more than 8 weeks since the Contract was legally effective, the Contractor will be entitled to extension of time.
3. (Golden Principle 2 states that " The Particular Conditions must be drafted clearly and unambiguously. " Which statement best underlines this Golden Principle in relation to the FIDIC Red, Yellow, and Silver Books (both editions)?)
A) In the Particular Conditions, all changes to the General Conditions must be clearly identified by reference to specific Sub-Clause numbers. Additionally, the Particular Conditions Sub-Clauses must clearly indicate the relationship between the newly introduced text and the corresponding General Conditions Sub-Clauses' original text, e.g., addition, omission, replacement, or amendment.
B) When clarifications are given during the tender period, which might impact several general conditions, it is not necessary to amend all these conditions through the Particular Conditions or to consider which exact general conditions require amendment, as such clarifications are deemed to be self-explanatory.
C) Modifications made to the Conditions of Contract during tender negotiations that were only documented in emails between the Parties can be part of the Contract as long as those emails are subsequently included in the List of Contract documents. In such a case, it is not necessary to incorporate those modifications in, for instance, the Particular Conditions.
D) Clarifications to the meaning of tender documents together with answers to tenderers' inquiries made during the tender period by the Employer can be inconsistent. If Sub-Clause 1.5 does not provide for the right order, this Sub-Clause can be amended explicitly or implicitly, and this can be done through any of the documents mentioned in Sub-Clause 1.5.
4. 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?
A) False
B) True
5. Which one of the following statements is correct regarding the Provisional Sum under the FIDIC Red, Yellow, and Silver Books (edition 1999)?
A) Each Provisional Sum shall not be used, in whole or in part, in accordance with instructions from the Engineer.
B) The Contractor shall, when required by the Engineer, produce proof to substantiate how it has used the Provisional Sum.
C) The Provisional Sum cannot be issued by instruction either by the Engineer (or Employer in case of FIDIC Silver Book).
Solutions:
| Question # 1 Answer: D | Question # 2 Answer: B,D | Question # 3 Answer: A | Question # 4 Answer: B | Question # 5 Answer: B |
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