A.  

The limit in time referred to in Sub-Clause 20.2.1 (also known as time bar) applies to all types of Claims.

B.  

If a Claim is submitted as per sub-paragraph (c) of Sub-Clause 20.1, this is dealt with by the Engineer or Employer’s Representative (in case of FIDIC Silver Book) as per Sub-Clause 3.7/3.5.

C.  

If a Claim is submitted as per sub-paragraphs (a) or (b) of Sub-Clause 20.1, it is dealt with in accordance with Sub-Clause 20.2, which specifically covers claims for time and/or money. Part of the procedure under Sub-Clause 20.2 is for a payment and/or an extension of time-related claim to be agreed or determined by the Engineer/Employer’s Representative (in case of the FIDIC Silver Book) in accordance with Sub-Clause 3.7/3.5.

D.  

The time bar only applies to Contractor’s Claims and not to Employer’s Claims.

A.  

Without undue delay after the issuance of the Taking-Over Certificate.

B.  

Without undue delay after the issuance of the Performance Certificate.

C.  

Within 21 days after the issuance of the Taking-Over Certificate.

D.  

Within 21 days after the issuance of the Performance Certificate.

A.  

In all these cases, the stakeholder not performing a required action within the allocated time limit loses all of his/her related rights that he/she otherwise would have in relation to this matter.

B.  

If a Party fails to perform an obligation within the allocated time limit, then the failing party shall pay damages to the other Party.

C.  

In these cases, there is a " deemed " outcome if the stakeholder does not take action within the pre-set period of time – all enabling to secure continuity of contractual processes.

D.  

A Party ' s failure to perform an obligation within the allocated time limit would mean that the Engineer ' s or Employer’s decision becomes automatically binding.

A.  

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.

B.  

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.

C.  

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.

D.  

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.

A.  

In case of failure of the Test on Completion, the Employer may accept the Works, thereby reducing the Contract Price.

B.  

The Employer can either opt for Tests on Completion or Tests after Completion, but not both.

C.  

Tests after Completion are carried out by the Employer.

D.  

Although Tests after Completion fail, it may be considered as passed when performance damages specified in the contract are paid by the Contractor.

A.  

Words and expressions stated in Sub-Clause 1.1 Definitions do not apply in respect of Specifications and Drawings.

B.  

Contract Data contains information which is required by certain Sub-Clauses in the General Conditions.

C.  

There is never a difference in effect whether in the Particular Conditions when the term " Works " is used, or when the term " works " is used.

D.  

In some cases, if a certain information is not provided in the Contract Data, the relevant Sub-Clause shall not be applicable.

A.  

FIDIC Conditions of Contract for Construction ( " Red Book " ).

B.  

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

C.  

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

A.  

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.

B.  

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.

C.  

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.

D.  

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 cl

A.  

True

B.  

False

A.  

Contract Agreement, Conditions of Contract, Employer’s Requirements, Contractor ' s Tender, Addenda.

B.  

Contract Agreement, Conditions of Contract, Addenda, Contractor ' s Tender, Employer’s Requirements.

C.  

Contract Agreement, Conditions of Contract, Addenda, Employer’s Requirements, Contractor ' s Tender.

D.  

Contract Agreement, Addenda, Conditions of Contract, Employer’s Requirements, Contractor ' s Tender.

A.  

Since the design was approved by the Engineer, the Contractor might not be found responsible for such discrepancy, hence, to be fully compensated.

B.  

In this situation, the whole of the varied works should be removed, and the original technical content reinstated.

C.  

The Contractor shall immediately rectify, ensuring, that the varied work fully complies with the prevailing standards.

D.  

In case it is necessary, the Contractor shall prepare designs for works subject to the Value Engineering, hence, it is up to the Contractor to ensure that the works are fit for the purposes, including that the designs are correct, regardless of any approval or " no-objection " of the Engineer.

A.  

True

B.  

False

A.  

True

B.  

False

A.  

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.

B.  

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

C.  

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

D.  

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

A.  

The Employer has the authority to accept a claim by the Contractor, even in the case of the Contractor ' s failure to comply with the notice requirements.

B.  

If the Engineer does not make a determination, the Employer and the Contractor are unable to agree to settle an issue that gave rise to a claim.

C.  

The Engineer ' s response to the Contractor ' s submission of detailed particulars that are required by the procedure for claims by the Contractor must include the Engineer ' s final decision on the quantum.

D.  

It is the Employer ' s Representative who must first respond to the claim by the Contractor.

E.  

The Engineer ' s response to a claim by the Contractor is final and binding upon the Employer.

A.  

The Contractor is not entitled to either of the Claims.

B.  

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

C.  

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

D.  

The Contractor is entitled to both Claims.

A.  

In emergency situations notices can also be submitted verbally (rather than (also) in writing).

B.  

A notice is to be signed by the Engineer, Contractor ' s Representative or Employer ' s Authorised Representative.

C.  

A notice and other communications may be delivered by hand, courier and mail. In each case with proof of receipt is required to qualify as legally valid.

D.  

Notices and other communications may be sent in hand written, type written, in print or through an electronic original transmission system.

A.  

Delay Damages is intended to provide full compensation to the Employer for all damages that it is expected to suffer as a result of the delay.

B.  

Delay Damages is intended to be treated as an incentive for the Contractor to perform on time.

C.  

Delay Damages is not intended to remove burden for the Employer to demonstrate and prove that it has suffered any loss or damage.

D.  

None of the above.

A.  

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

B.  

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

C.  

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.

D.  

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

A.  

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

B.  

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

C.  

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

D.  

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

A.  

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

B.  

The current index or price.

C.  

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.

D.  

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 agreed by the Parties.

A.  

The Engineer

B.  

The Engineer ' s Resident Engineer

C.  

The Employer

D.  

The Employer ' s Representative

A.  

True

B.  

False

A.  

When the works are simple and of short duration.

B.  

When there is a limited number of capable experienced contractors available and ready to take part in the procurement.

C.  

In case of large scale works, where there are several companies likely to have an interest in submitting an offer.

D.  

If there is international financing for the project, it is always necessary to conduct a two-stage procurement procedure.

A.  

True

B.  

False

A.  

If the Contract Price is to be adjusted for rises and falls in the cost of labour, the Contractor is entitled to compensation in such a way that all rises and falls in the costs are compensated fully.

B.  

The Particular Conditions can provide a calculation method or refer to a specific set of index for adjustments following Sub-Clause 13.8. This can result in lower adjustments of the Contract Price than the actual changes in the costs of labour and/or Goods.

C.  

If Particular Conditions provide a calculation method or refer to a specific set of index for adjustments following Sub-Clause 13.8, it can only apply to rises or falls in the costs of labour and Goods.

D.  

The Particular Conditions can provide a calculation method or refer to a specific set of index for adjustments following Sub-Clause 13.8. Only the Base Date can be taken as the date from which the adjustment should be calculated from.

A.  

The requirement to submit a revised programme by the Contractor whenever the previous programme is inconsistent with actual progress.

B.  

Specifying the programming software that shall be used by the Contractor in preparation of the Programme.

C.  

The requirement that any revised programmes to be submitted by the Contractor is to reflect accurately the actual progress of the works.

D.  

Submission by the Contractor of a detailed time Programme to the Engineer within 28 days after receiving the notice under Sub-Clause 8.1.

A.  

If the defects do not affect the use of the Works for their intended purpose, the Engineer can issue the Taking-Over Certificate.

B.  

By giving reasons, the Engineer can refuse to accept the Works until repeated tests have been successfully performed.

C.  

The Employer can request to take over the Works.

D.  

The Party which is not liable for the cost of rectifying defects can expect the other Party to pay the cost of performing the repeated tests.

A.  

Continuing effect claims shall be noticed in the same way as " normal " claims, within 28 days after the Claiming Party became aware of the event or circumstance.

B.  

In case the Employer is the Claiming Party, then he/she is not obliged to submit interim claims.

C.  

In case the Contractor is the Claiming Party, when he/she misses to submit even just a single interim claim, then his/her entitlement is lost.

D.  

In general, a fully detailed Claim has to be submitted within 84 days after becoming aware of the event giving rise to the claim.

A.  

A prolonged suspension for more than 1 year has affected the whole of the Works.

B.  

The Contractor does not receive the amount due under the latest Payment Certificate for more than 4 months after the due date.

C.  

The Contractor has requested the Employer but has not received any evidence that the financial arrangement is being maintained, despite having sent a notice thereto 4 months earlier.

D.  

The Employer failed to comply with a final and binding determination issued by the Engineer, and such failure constitutes a material breach of the Employer ' s obligations under the Contract.

A.  

The measurement shall be always made of the net actual quantity of each item of the Permanent Works.

B.  

The measurement shall be made of actual quantity of each item of the Permanent Works with allowance of shrinkage of the used materials.

C.  

Measurements of the actual quantity of an item of the Permanent Works that was not specified in the Bill of Quantities, the Contractor will choose the appropriate price.

D.  

None of the above are correct.

A.  

... the Contractor may send a Notice to the Engineer, that the subject of the Variation was Unforeseeable (having regard to the scope and nature of the Works), hence, the Contractor is not to start implementing the varied work promptly.

B.  

... the Contractor is required to commence implementing the varied works and take records of all the details ( ... regarding the details of the varied works executed, expenditures incurred, and impact on progress etc.)

C.  

... the Contractor is required to commence implementing the varied works even if it would pose immediate hazard to the safety of public areas surrounding the Site

D.  

... the Contractor within 28 days after receiving such instruction shall submit to the Engineer a description of the varied work, a programme for its execution and a proposal for adjustment of the Contract Price.

E.  

... the Contractor is not bound to start implementing the varied works right up until the price for the varied works is fully agreed (or determined)

A.  

The address stated in the Contract Data.

B.  

The address provided for by the recipient of the notice.

C.  

The address of the Site.

D.  

The address of the Contractor ' s Representative.

A.  

True

B.  

False

A.  

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

B.  

The Contractor cannot terminate the Contract.

C.  

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

D.  

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.

A.  

The Contract includes the General Conditions and Particular Conditions, and no other documentation.

B.  

Conditions of Contract means these General Conditions as amended by Particular Conditions.

C.  

Contract Data is part of General Conditions of Contract.

D.  

Contract Agreement, Letter of Acceptance and Letter of Tender are part of the Contract.

A.  

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.

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.  

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.

A.  

The Commencement Date

B.  

The date of the Taking Over Certificate

C.  

The date on which the entire advance payment is repaid as stated in the Payment Certificate

D.  

The date on which an amount is repaid by the Contractor as stated in the Payment Certificates

A.  

The Employer may sell or otherwise dispose any remaining items and reinstate the Site at the Contractor ' s Cost.

B.  

The Engineer cannot sell or otherwise dispose any remaining items and reinstate the Site at the Contractor ' s Cost.

C.  

The Employer is entitled to the cost of reinstating, clearing the Site and disposal cost to the extent they exceed the money received from selling the remaining Contractor ' s items on the Site.

D.  

The Employer cannot reinstate and clear the Site and dispose the remaining Contractor ' s items on the Site if the Contractor fails, as this is the Contractor ' s obligation.

A.  

Injury to persons and damage to property.

B.  

Force Majeure Insurance.

C.  

Insurance of Goods and other things brought to Site.

D.  

Insurance for non-performance of the Works.

A.  

If a Daywork Schedule is not included in the Contract, the Sub-Clause related to dayworks shall not apply.

B.  

The dayworks related Sub-Clause is also applicable to other types of works.

C.  

The dayworks related Sub-Clause is only used for remeasurement in the FIDIC Red Book (both editions) only.

D.  

The Engineer (or the Employer in case of FIDIC Silver Book) may instruct that a Variation shall be executed on a daywork basis.

A.  

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

B.  

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

C.  

The Contractor may submit a proposal for Value Engineering.

D.  

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.