(FIDIC Red Book (edition 2017) stipulates that the measurement shall be made as per the actual quantities executed at Site. Which one of the following statements is correct?)
Correct Answer: A
Under the FIDIC Red Book 2017, Clause 12 [Measurement and Evaluation], specifically Sub-Clause 12.1 [Works to be Measured] , establishes that the Works shall be measured, and payment shall be based on the actual quantities of work executed in accordance with the Contract. The key principle is that measurement is based on the "net actual quantities" of each item of Permanent Works. This means that only the final in-place quantities are considered, excluding wastage, shrinkage, or temporary excesses unless explicitly stated otherwise in the Contract. Therefore, Option A correctly reflects this fundamental rule. Option B is incorrect because FIDIC does not generally allow additions for shrinkage or material losses unless expressly provided in the Particular Conditions or Specifications. Measurement is based on completed work, not material input. Option C is incorrect because if an item is not included in the Bill of Quantities, valuation is determined under Sub-Clause 12.3 [Evaluation], where the Engineer determines appropriate rates-not the Contractor unilaterally. Option D is incorrect because Option A is clearly aligned with FIDIC provisions. Thus, Option A correctly represents the measurement methodology under FIDIC Red Book 2017.
Question 42
In a construction project using the FIDIC Silver Book (edition 1999), if the Parties prefer the dispute board to be appointed on an "ad-hoc" basis instead of as a standing Dispute Avoidance and Adjudication Board (DAAB), what is it called? (1 correct answer applies)
Correct Answer: B
Under FIDIC terminology, an ad-hoc Dispute Board is known as a DAB (Dispute Adjudication Board), which is appointed for specific disputes as they arise, rather than standing continuously. The DAAB is a standing board appointed for the project duration, providing continuous dispute avoidance and adjudication. Option D refers to arbitration, which is a different dispute resolution method. References: FIDIC Silver Book 1999 Edition, Clause 20 - Dispute Adjudication Board FIDIC Contract Manager Study Guide, Module on Dispute Boards and Resolution
Question 43
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).
Correct Answer: C,D
Option C is correct: The Contractor is entitled to financing charges (interest) on late payments, calculated as per the percentage specified in the Contract Data or corresponding Sub-Clause. Option D is correct: The Contractor can suspend works or reduce progress after giving due notice, usually 21 days, if payments are not made on time. Option A is incorrect; termination is not automatic right after the payment deadline expires. Option B is incorrect; suspension requires prior notice rather than immediate action. Option E is incorrect because the Contractor has additional remedies such as suspension, beyond just financing charges. References: FIDIC Red, Yellow, Silver Books 1999 & 2017 Editions, Sub-Clause 14.8 - Payment of Retention Money and Financing Charges FIDIC Contract Manager Study Guide, Module on Payment Procedures and Remedies
Question 44
You are teaching a group of early career professionals in the Contract Management department about the FIDIC 2017 Rainbow Suite of contract, and you are explaining about the intention of Delay Damages. Which one of the following statements is correct?
Correct Answer: B
Delay Damages under FIDIC are primarily a pre-agreed measure to incentivize the Contractor to complete works on time rather than full compensation for all losses suffered. They simplify the process by avoiding the need for the Employer to prove actual losses. Option A is incorrect; Delay Damages are generally not full compensation. Option C is incorrect because Delay Damages remove the Employer's burden to prove actual loss. Option B is the correct interpretation. References: FIDIC Red, Yellow, Silver Books 2017 Editions, Sub-Clause 8.7 - Delay Damages FIDIC Contract Manager Study Guide, Module on Delay Damages
Question 45
Regarding the FIDIC Silver Book (both editions), if a part of the Works is to be paid according to quantity supplied or work done, appropriate provisions must be included in the Particular Conditions. Is this statement true or false?
Correct Answer: A
This statement is true. The Silver Book (EPC/Turnkey contracts) usually involves lump-sum payment, but if part payment is based on quantity or work done, this must be explicitly provided for in the Particular Conditions to avoid ambiguity. Such provisions ensure clarity on payment terms in line with project specifics. References: FIDIC Silver Book 1999 & 2017 Editions, Sub-Clause 14 - Payment Provisions FIDIC Contract Manager Study Guide, Module on Payment Procedures