A.  

The Employer received the Contractor's Letter of Tender and issued a Letter of Intent.

B.  

The Employer and the Contractor signed the Contract Agreement.

C.  

The Employer received the Contractor's Letter of Tender and issued a conditional Letter of Acceptance.

D.  

The Employer received the Contractor's Letter of Tender and issued Letter of Acceptance.

A.  

The concentration on dispute avoidance, including an enhanced role for the Dispute Avoidance and Adjudication Board (DAAB) in this respect, and promoting cooperation between the parties during the project.

B.  

New procedures requiring the Contractor to prepare and implement a Quality Management System to show compliance with the Contract requirements.

C.  

A fair and balanced approach where risk is allocated to the Party that is best able to bear and control that risk.

D.  

New procedures requiring the Contractor to prepare and implement a Compliance Verification System to show that the design, materials, workmanship and certain other matters all comply.

A.  

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

B.  

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

C.  

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.

D.  

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

A.  

The Contractor is responsible for the performance of the Nominated Subcontractors

B.  

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

C.  

The DAB Decision is final and binding

D.  

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

A.  

It confirms interim settlement of all money due to the Contractor

B.  

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

C.  

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

D.  

None of the above three statements is correct.

A.  

No, according to Sub-Clause 5.7 provisional operation and maintenance manuals are always required.

B.  

No, because the Contractor has a duty to supply the Employer with every Document, given Sub-Clause 7.4.

C.  

Yes, because otherwise the Contractor doesn't have to submit any Document until Completion of the Works as stated in Sub-Clause 1.8.

D.  

Yes, the Employer should define which documents it wants to receive from the Contractor as Contractor's Documents in the Employer's Requirements, as stated in Sub-Clause 5.2.

A.  

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

B.  

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

C.  

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

D.  

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

E.  

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

A.  

True

B.  

False

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 agreed by Parties.

A.  

Amending clauses, supposedly in the interest of the Employer, immediately nullifies all the advantages of standardization, and almost invariably introduces conflicting or ambiguous requirements on the parties, and often causes mistrust between them.

B.  

The FIDIC Books provide people who draft contracts with great examples on how to draft a good contract model. Furthermore, arrangements from Red, Yellow and Silver Books can be easily mixed to get a good fit for a specific project.

C.  

The Form of Contract is chosen by the Contractor and imposed by him on the Employer, who tenders on that basis.

D.  

People who draft contracts should, when preparing a new contract, always start with the question: where do I want to lay the most risks between Employer and Contractor, and does the Employer has the budget to reward Contractors with a high risk apatite?

A.  

I hereby give notice, in accordance with Sub-Clause 8.1 of the Conditions of Contract, the Commencement Date shall be 17 April 2023.

B.  

The Contractor is kindly notified that the project shall be started by 17 April 2023.

C.  

The commencement date of this project under Sub-Clause 8.1 of the Conditions of Contract will be 10 days from 7 April 2023.

D.  

I hereby give notice, in accordance with Sub-Clause 1.1.84 and 8.2 of the Conditions of Contract, that the Time for Completion shall commence from 17 April 2023.

A.  

Letter of Acceptance

B.  

Letter of Intent

C.  

Memorandum of understanding

D.  

Letter of Intent & Memorandum of understanding

A.  

The Provisional Sum cannot be issued by instruction either by the Engineer (or Employer in case of FIDIC Silver Book).

B.  

The Contractor shall, when required by the Engineer, produce proof to substantiate how it has used the Provisional Sum.

C.  

Each Provisional Sum shall not be used, in whole or in part, in accordance with instructions from the Engineer.

A.  

The Employer is entitled to deduct the amount directly paid.

B.  

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

A.  

The Engineer shall receive a copy of the evidence(s) demonstrating Contractor's payment of the necessary insurance premiums.

B.  

The Engineer is entitled to take out an insurance on behalf of the Contractor, in case the Contractor fails to extend the validity of a specific insurance.

C.  

The Engineer should continuously monitor that the Contractor's insurance policies are kept valid, and extensions are duly arranged, when necessary.

D.  

The Engineer shall immediately suspend all construction activities at the Site, in case the Contractor failed to take out any necessary insurance.

A.  

The Contractor submits a Value Engineering proposal regarding the lighting system for the operation rooms. The Engineer is positive about the proposal and tells the Contractor they need to look into it.

B.  

The Engineer instructs a change in slopes of the access road to the intensive care unit to meet the Employer's Requirement. The Engineer does so with a Notice in accordance with Sub-Clause 3.5.

C.  

The Engineer requests a proposal regarding a change in type of windows and doors. The Contractor submitted the proposal accordingly to the Engineer. The Engineer instructs the Variation.

D.  

The Employer verbally instructs a change in the type of doors. The Engineer issued a Notice describing the required change and denying any costs for the Contractor.

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.  

The Employer is bound by the Certificate issued by the Engineer, and must make payment in full, except for any compensation arising from any claim which the Employer may have against the Contractor.

B.  

The Employer is not bound by the Certificate issued by the Engineer.

C.  

The Employer is bound by the Certificate issued by the Engineer and must make payment in full, irrespective of any entitlement to compensation arising from any claim which the Employer may have against the Contractor.

D.  

If the Employer considers itself entitled to claim against the Contractor, notice and particulars must first be submitted under Sub-Clause 2.5. The Employer's entitlement is then to be agreed or determined by the Engineer, and then, incorporated as a deduction in a Payment Certificate.

A.  

True

B.  

False

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.  

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.  

General Conditions of Contract require the use of BIM.

B.  

BIM is one of the digital data technologies used in all aspects of project planning, investigation, design, construction and operation.

C.  

BIM is not related to the improvement of quality, accuracy, delivery times and cost savings.

D.  

For construction or building projects involving BIM, many Sub-Clauses of FIDIC Red Book (edition 2017) should be thoroughly reviewed when drafting the Particular Conditions.

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.  

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.  

The Contractor or the Engineer can request a meeting.

B.  

Only the Engineer can call for a meeting

C.  

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

D.  

Only the Employer can call for a meeting.

E.  

The Engineer shall keep records of the Progress Meetings.

A.  

Notice is a defined term, while other communications are not defined as a term in the General Conditions.

B.  

Contractually there is no difference between a notice and other communications.

C.  

Both 'Notice' and 'Other Communications' are defined terms under the Conditions of Contract.

D.  

The Parties and Engineer shall be given original or copy of any Notice, Notice of Dissatisfaction (NOD) and Certificates, which is not always the case for other communications.

A.  

GP 3

B.  

GP 1

C.  

GP 2

D.  

GPA

A.  

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

B.  

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

C.  

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.

D.  

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.

A.  

Remain silent and not do anything in the subject.

B.  

The Engineer should refer the matter in subject to the DA

B.  

C.  

Issuing the determination to the Contractor in the form and with the content agreeable to the Employer, with a remark, that it is the Employer's determination and not the Engineer's determination.

D.  

Informing the Contractor of their inability of issuing the determination, in lack of the Employer's necessary approval.

A.  

True

B.  

False