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1. (Under the FIDIC Red, Yellow, and Silver Books (both editions), the Contractor has a contractual obligation to give notice to the Employer if it discovers errors or defects of a technical nature. Is this statement true or false?)
A) False
B) True
2. Which of the following form a Contractor ' s entitlement, in case the Contractor does not receive an interim payment within the allocated contractual deadline for payment? (2 correct answers apply) Choose all of the correct answers (multiple possibilities).
A) The Contractor is entitled to suspend the works or reduce the rate of progress of the work, after giving a due Notice (21 days) about this intention.
B) Beyond receiving the financing charges, the Contractor has no further entitlements in such a case.
C) If the payment is not made within the time period required, after the expiry of such period, from the next day onwards, the Contractor is entitled to suspend all his/her activities on Site.
D) In case the Employer paid the Contractor late, the Contractor becomes entitled to receive financing charges applying the % included in the Contract Data (if this is not stated, then applying the percentage as included under the corresponding Sub-Clause).
E) Right after the expiry of the payment deadline, the Contractor may terminate the contract.
3. Which one statement is correct regarding the FIDIC Red Book (edition 2017)?
A) 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.
B) General Conditions of Contract cannot be amended as it may imbalance the obligations and rights of the Parties.
C) No Data other than required by the General Conditions of Contract may be entered in the Contract Data.
D) Instructions to Tenderers are part of the Employer ' s Requirements.
4. 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?
A) 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.
B) 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.
C) The current index or price.
D) Each index or price applicable on the date 49 days before the expiry of the Time for Completion of the Works.
5. (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 was legally effective, the Contractor will be entitled to extension of time.
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) If no notified Commencement Date were more than 8 weeks since the Contract became legally effective, the Contractor will be entitled to financial compensation.
D) 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.
Solutions:
| Question # 1 Answer: B | Question # 2 Answer: A,D | Question # 3 Answer: A | Question # 4 Answer: D | Question # 5 Answer: A,B |
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