(In the FIDIC Yellow Book (edition 1999), the Contractor has to provide the Engineer with documents as stated in Sub-Clause 5.2. Who is responsible for ensuring there is sufficient time allocated for reviewing these documents in relation to the Schedule of the Works?)
Correct Answer: A
Under FIDIC Yellow Book 1999, Sub-Clause 5.2 [Contractor's Documents] requires the Contractor to submit design documents to the Engineer for review. Importantly, the responsibility for planning and coordinating these submissions lies with the Contractor. The Contractor must ensure that the programme (Clause 8.3) allows sufficient time for the Engineer's review process, including any resubmissions that may be required if documents are not approved initially. This reflects the design responsibility placed on the Contractor in the Yellow Book, where the Contractor controls both design and execution. The Engineer's role is to review and respond within the time stated in the Contract, but the Engineer is not responsible for integrating this review time into the overall project schedule. Similarly, the Employer has no direct role in managing this timing. From a contract management perspective, failure by the Contractor to allow adequate review time may lead to delays for which the Contractor bears responsibility, as such delays would not typically qualify for Extension of Time unless caused by the Engineer exceeding prescribed review periods. Thus, proper programming and coordination of document submissions is a key Contractor obligation, making Option A correct.
CCM Exam Question 47
The Contractor is entitled to an advance payment, it has obtained such payment and it has not yet been entirely paid back. Under FIDIC Red Book (edition 1999), in which two situations will the outstanding balance of the advance payment become immediately due? Choose all of the correct answers (multiple possibilities).
Correct Answer: A,D
Under the FIDIC Red Book 1999, advance payment is a sum paid to the Contractor to help cash flow early in the project. It must be repaid through deductions from interim payments according to a specified schedule. * Sub-Clause 14.5 (Advance Payment)states that the Contractor must repay the advance payment by installments, typically by the Time for Completion. If the advance payment has not been fully repaid by the Time for Completion, the outstanding balance becomes immediately due and payable by the Contractor (Option A). This ensures the Employer recovers the advance by the time the project completes. * Additionally,upon termination of the Contract(Sub-Clause 15.2 or relevant termination clauses), any outstanding balance of the advance payment becomes immediately due (Option D). This protects the Employer's financial interest if the Contract ends prematurely. * Option B (before the Performance Certificate is issued) and Option C (before the Taking-Over Certificate is issued) arenotexplicitly linked in FIDIC Red Book 1999 to triggering immediate repayment of the advance payment. The Taking-Over Certificate marks practical completion and may precede the final repayment schedule, while the Performance Certificate is issued after the Defects Notification Period. Therefore, the correct situations for immediate repayment of outstanding advance payment balance arebefore Time for Completion and upon termination of the Contract. References: FIDIC Red Book 1999 Edition, Sub-Clause 14.5 - Advance Payment FIDIC Red Book 1999 Edition, Sub-Clause 15.2 - Termination by Employer (Payment obligations) FIDIC Contract Manager Study Guide, Module on Payment Procedures and Financial Management
CCM Exam Question 48
(Which of the following two statements are correct regarding subcontractors under FIDIC Red, Yellow, and Silver Books (edition 2017)? Choose all of the correct answers (multiple possibilities).)
Correct Answer: B,D
Under FIDIC 2017 (Clause 4.4 [Subcontractors]), the Contractor is generally permitted to subcontract parts of the Works, but subject to specific controls and limitations. Option B is correct. FIDIC expressly provides that the Contractor shall not subcontract the whole of the Works without prior consent of the Engineer. This ensures that the Contractor remains the primary responsible party and does not transfer the entire contractual obligation to others without oversight. Option D is also correct. The Contract Data may specify certain portions of the Works that cannot be subcontracted, preserving critical elements under the direct responsibility of the Contractor. Option A is incorrect because only the Engineer's consent is generally required for subcontracting (not both Engineer and Employer), except in specific cases defined in the Contract. Option C is incorrect because the Contractor remains fully responsible for the acts, defaults, and neglect of all Subcontractors, as if they were the Contractor's own actions. This is a fundamental FIDIC principle ensuring a single point of responsibility. These provisions maintain control, accountability, and quality assurance in project execution while allowing flexibility in subcontracting arrangements.
CCM Exam Question 49
Applying FIDIC Silver Book (edition 1999), which one of the following elements shall not form part of the time Programme/revised programme?
Correct Answer: C
According to the FIDIC Silver Book, 1999 Edition (The Conditions of Contract for EPC/Turnkey Projects), the Contractor is required under Sub-Clause 8.3 ("Programme") to submit a time programme that illustrates the sequence and timing of the works, including milestones and key events. The intended order of the works (Option A), sequence and timing of inspections and tests (Option B), and review periods (Option D) related to contract management processes such as approval of design or submissions (Sub-Clause 5.2) are integral to effective scheduling and coordination. However, remedial work instructed under Sub-Clause 7.6, which concerns remedying defects or damage, is generally not part of the initial or revised programme. Instead, remedial works are typically handled as separate tasks or incorporated into specific defect liability or rectification schedules after the main programme has been executed. Such remedial works arise from defects liability obligations and do not belong to the original or revised time programme used to plan the main construction phases. This distinction is important because the programme reflects planned works execution, whereas remedial work is reactive and may be scheduled separately under defects liability clauses or final project close-out arrangements. References: FIDIC Silver Book 1999 Edition, Clause 8.3 - Programme FIDIC Silver Book 1999 Edition, Clause 7.6 - Remedial Work FIDIC Contract Manager Study Guide, Module on Time and Delay Management
CCM Exam Question 50
Which two statements are correct regarding the FIDIC Red Book (edition 2017)?
Correct Answer: B,D
Option B is correct: The Contract Data provides information required by specific Sub-Clauses in the General Conditions to complete the contract. Option D is correct: If required data is missing in the Contract Data, some Sub-Clauses may not apply. Option A is incorrect; definitions generally apply throughout the contract including Specifications and Drawings. Option C is incorrect; case sensitivity of terms can affect contractual meaning. References: FIDIC Red Book 2017 Edition, Sub-Clause 1.1 - Definitions and Contract Data FIDIC Contract Manager Study Guide, Module on Contract Documents