Under the FIDIC Red Book (edition 2017), if the Contractor fails to comply with Site clearance obligation, what two options does the Employer have? Choose all of the correct answers (multiple possibilities)
Correct Answer: A,C
* Option Ais correct: The Employer may sell or dispose of any items left by the Contractor and reinstate the Site, recovering costs from the Contractor. * Option Cis correct: The Employer is entitled to recover costs for clearing, reinstatement, and disposal exceeding proceeds from sale. * Option Bis incorrect; the Engineer does not hold this authority, but the Employer does under the contract. * Option Dis incorrect; if the Contractor fails to clear the Site, the Employer may take action to protect the Site. References: FIDIC Red Book 2017 Edition, Sub-Clause 8.7 - Contractor's Use of Site FIDIC Contract Manager Study Guide, Module on Contract Administration Procedures
Question 52
Under the FIDIC Construction Contract (Red Book), which of the following amendments do NOT comply with the FIDIC Golden Principles? [1999 Edition] (2 correct answers apply) Choose all of the correct answers (multiple possibilities).
Correct Answer: B,D
Option B is correct: Deleting critical dispute resolution Sub-Clauses 20.2 - 20.4 contradicts the Golden Principles by undermining fair dispute handling. Option D is correct: Extending payment release to 180 days violates timely payment principles and fairness in cash flow management. Option A is generally acceptable as the Contractor often assumes responsibility for nominated subcontractors. Option C is acceptable in some jurisdictions and contracts to provide finality but can be debated. References: FIDIC Contract Management Guidelines - Golden Principles FIDIC Red Book 1999 Edition, Clauses 20 and 14
Question 53
Regarding the FIDIC Red Book (edition 1999), which two statements are true?
Correct Answer: A,D
Option A is true: In emergencies, verbal notices are permitted with the requirement to follow up in writing. Option D is true: Notices and communications may be sent in various formats including handwritten, typed, printed, or electronic systems. Option B is incorrect; a notice does not necessarily have to be signed by all these representatives; it depends on the party issuing the notice. Option C is incorrect; proof of receipt is ideal but not always strictly required for legal validity depending on contract provisions. References: FIDIC Red Book 1999 Edition, Sub-Clause 1.3 - Communications and Notices FIDIC Contract Manager Study Guide, Module on Contract Communication
Question 54
Under the FIDIC Red and Yellow Books (edition 2017), which two of the following elements shall form part of the initial time Programme?
Correct Answer: A,D
Comprehensive and Detailed Explanation: Option A is correct: The initial programme must include the date for the Contractor's access to the Site. Option D is correct: Key delivery dates for Plant and Materials are essential elements of the programme. Option B relates to updated/revised programmes, not the initial programme. Option C generally relates to remedial work and is part of revised or detailed programmes. References: FIDIC Red and Yellow Books 2017 Edition, Sub-Clause 8.3 - Programme FIDIC Contract Manager Study Guide, Module on Time and Delay Management
Question 55
Under the FIDIC Silver Contract (edition 2017), which two of the answers provide for preconditions for certification and payment of the Interim Payment Certificate? Choose all of the correct answers (multiple possibilities).
Correct Answer: A,D
Option A is correct: Certification and payment of interim payments are conditional on Employer's receipt of the Contractor's appointment and the Advance Payment Guarantee (Sub-Clause 14.2.1). Option D is correct: Payment also requires receipt of the Contractor's statement supported by relevant documentation. Option B alone is insufficient without supporting documents. Option C relates to appointment and performance security but is not a stated precondition for payment certification. References: FIDIC Silver Book 2017 Edition, Sub-Clause 14.6 - Interim Payment Certificates FIDIC Contract Manager Study Guide, Module on Payment Procedures