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1. (You are the Contract Manager of the Employer ' s Representative for a project using FIDIC Silver Book (edition 1999). The Contract Agreement does not define the Commencement Date. The Contract has been legally effective for 4 weeks. You are writing a letter urging the Employer to issue a Notice of Commencement Date. Why is this important? (2 correct answers apply))
A) The Employer's failure to notify the Commencement Date within 6 weeks after the date on which the Contract comes into full force and effect would constitute a breach of the Contract.
B) The Contractor shall be entitled to give notice of termination if the Contractor does not receive a Notice of Commencement Date within 12 weeks after both Parties signed the Contract Agreement.
C) If no notified Commencement Date were more than 8 weeks since the Contract was legally effective, the Contractor will be entitled to extension of time.
D) If no notified Commencement Date were more than 8 weeks since the Contract became legally effective, the Contractor will be entitled to financial compensation.
2. Which of the following statements are not correct?
Choose all of the correct answers (multiple possibilities).
A) The Contractor or the Engineer can request a meeting.
B) Only the Engineer can call for a meeting
C) The Engineer shall keep records of the Progress Meetings.
D) Only the Employer can call for a meeting.
E) Subcontractors cannot attend management or progress meetings unless the Engineer ' s approval is obtained.
3. In the FIDIC Silver Book (edition 1999), if the Employer has instructed the Contractor as per Sub-Clause 8.6 to provide a revised programme to stay within Time of Completion, the Employer can claim additional costs.
This only applies if the revised programme is still too slow to complete the Works within the Time for Completion. Is this statement true or false?
A) True
B) False
4. (Regarding the FIDIC Red Book (edition 2017): what two answers provide for requirements regarding a notice and other communication?
Choose all of the correct answers (multiple possibilities).)
A) Notices and other communications shall be delivered to the address of the Contractor ' s Representative.
B) If the recipient ' s address differs from the address stated in the Contract Data, notices and other communications may be delivered to that other correct address.
C) If a form of communication is to qualify as a Notice, it must be identified as a notice.
D) If a form of communication does not qualify as a notice but as other communication, it must be identified as such and shall include reference of provision of Contract under which it is issued (if appropriate).
5. (Golden Principle 2 states that " The Particular Conditions must be drafted clearly and unambiguously. " Which statement best underlines this Golden Principle in relation to the FIDIC Red, Yellow, and Silver Books (both editions)?)
A) Modifications made to the Conditions of Contract during tender negotiations that were only documented in emails between the Parties can be part of the Contract as long as those emails are subsequently included in the List of Contract documents. In such a case, it is not necessary to incorporate those modifications in, for instance, the Particular Conditions.
B) In the Particular Conditions, all changes to the General Conditions must be clearly identified by reference to specific Sub-Clause numbers. Additionally, the Particular Conditions Sub-Clauses must clearly indicate the relationship between the newly introduced text and the corresponding General Conditions Sub-Clauses' original text, e.g., addition, omission, replacement, or amendment.
C) Clarifications to the meaning of tender documents together with answers to tenderers' inquiries made during the tender period by the Employer can be inconsistent. If Sub-Clause 1.5 does not provide for the right order, this Sub-Clause can be amended explicitly or implicitly, and this can be done through any of the documents mentioned in Sub-Clause 1.5.
D) When clarifications are given during the tender period, which might impact several general conditions, it is not necessary to amend all these conditions through the Particular Conditions or to consider which exact general conditions require amendment, as such clarifications are deemed to be self-explanatory.
Solutions:
| Question # 1 Answer: B,C | Question # 2 Answer: B,D | Question # 3 Answer: A | Question # 4 Answer: C,D | Question # 5 Answer: B |
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