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Medical Professional Certified Case Manager Certification Exam (CCM) Sample Questions (Q22-Q27):
NEW QUESTION # 22
(What is the maximum period for the Engineer to issue the Notice of Commencement Date?)
- A. 42 days
- B. 14 days
- C. 84 days
- D. 21 days
Answer: A
Explanation:
Under FIDIC 1999 and 2017 editions (e.g., Sub-Clause 8.1 [Commencement of Works]), the Engineer is required to give the Contractor not less than 7 days' notice of the Commencement Date. However, the contract also establishes an upper limit for when the Commencement Date must be determined.
The Commencement Date must be within 42 days after the Contractor receives the Letter of Acceptance (1999) or after the Contract Agreement (2017, depending on drafting). This effectively creates the maximum timeframe within which the Engineer must issue the Notice of Commencement.
This provision ensures that the project begins within a reasonable and predictable period after contract formation, preventing undue delay by the Employer or Engineer. It also provides certainty for the Contractor in terms of mobilization, resource planning, and scheduling.
The 42-day limit reflects FIDIC's emphasis on timely project initiation and aligns with other time-bound obligations in Clause 8, which governs commencement, delays, and completion.
Options A (84 days), C (21 days), and D (14 days) are not consistent with FIDIC provisions and therefore are incorrect.
NEW QUESTION # 23
You are the Contract Manager of the Employer for a Data Centre Project using the FIDIC Yellow Book (edition 2017). As a Contract Manager during the procurement stage, you are to explain the difference between Dispute Avoidance and Adjudication Board (DAAB) and other alternative dispute resolutions for this type of project. Which one of the following statements of its explanation is NOT correct?
- A. DAAB provided supports for Parties during arbitration, as a witness to give factual evidence on the background for the DAAB ' s Decision.
- B. 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.
- C. DAAB is to provide for a fair, timely and efficient resolution of Disputes.
- D. The function of the DAAB is to remain in place as part of the Parties ' project team to assist both Parties, equally and impartially.
Answer: A
Explanation:
Option D is NOT correct. The DAAB does not act as a witness or provide support during arbitration. Its role is to avoid and adjudicate disputes early during the project lifecycle impartially and fairly, but it does not serve as witness support in arbitration proceedings.
References:
FIDIC Yellow Book 2017 Edition, Clause 21 - Dispute Avoidance and Adjudication Board FIDIC Contract Manager Study Guide, Module on Dispute Resolution
NEW QUESTION # 24
Which of the following situations form legally binding contracts? (2 correct answers apply) Choose all of the correct answers (multiple possibilities)
- A. The Employer received the Contractor's Letter of Tender and issued Letter of Acceptance.
- B. The Employer received the Contractor's Letter of Tender and issued a conditional Letter of Acceptance.
- C. The Employer received the Contractor's Letter of Tender and issued a Letter of Intent.
- D. The Employer and the Contractor signed the Contract Agreement.
Answer: A,D
Explanation:
A legally binding contract is typically formed when there is an offer, acceptance, and intention to create legal relations. Under FIDIC contracts:
Option B (signing the Contract Agreement) unequivocally forms a binding contract.
Option D (Letter of Acceptance issued after receiving the Contractor's Letter of Tender) generally forms a binding contract unless otherwise specified, as the Letter of Acceptance is the formal acceptance of the tender.
Option A (Letter of Intent) is not necessarily a binding contract; it often serves as an interim arrangement signaling intent but may lack definitive terms to form a contract.
Option C (conditional Letter of Acceptance) may not form a binding contract unless the conditions are fulfilled.
References:
FIDIC Red and Yellow Books 1999 and 2017 Editions - Contract Formation Clauses FIDIC Contract Manager Study Guide, Module on Contract Formation and Execution
NEW QUESTION # 25
What are two differences between a notice and other communications under the FIDIC Red Book (edition
2017)? (2 correct answers apply)
Choose all of the correct answers (multiple possibilities).
- A. Both 'Notice' and 'Other Communications' are defined terms under the Conditions of Contract.
- B. 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.
- C. Contractually there is no difference between a notice and other communications.
- D. Notice is a defined term, while other communications are not defined as a term in the General Conditions.
Answer: B,D
Explanation:
Option A is correct: "Notice" is a defined term under FIDIC 2017 Red Book; "Other Communications" is a separate category, also defined but distinct.
Option D is correct: Notices, Notices of Dissatisfaction, and Certificates require delivery to all Parties and the Engineer, whereas other communications may not have such strict requirements.
Option B is incorrect as there are contractual differences.
Option C is partially correct but "Other Communications" and "Notice" are distinct terms, so A is more precise.
References:
FIDIC Red Book 2017 Edition, Sub-Clause 1.1 - Definitions
FIDIC Contract Manager Study Guide, Module on Contract Communication
NEW QUESTION # 26
Which one of the following statements regarding drafting contracts based on FIDIC Books is correct?
- A. 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?
- 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. 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.
- D. The Form of Contract is chosen by the Contractor and imposed by him on the Employer, who tenders on that basis.
Answer: A
Explanation:
Option D is correct because contract drafting should strategically allocate risks between parties based on who can best manage them and the Employer's budget for risk and reward. Understanding risk appetite is key to tailoring FIDIC contracts appropriately.
Option A is exaggerated; while amendments can introduce issues, careful drafting can preserve benefits of standardization.
Option B is partly true but mixing arrangements is complex and not always straightforward.
Option C is incorrect; the Employer usually chooses the contract form.
References:
FIDIC Contract Management Guidelines - Golden Principles
FIDIC Contract Manager Study Guide, Module on Contract Drafting and Risk Allocation
NEW QUESTION # 27
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