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1. (Sub-Clause 12.3(a) of FIDIC Red Book (edition 1999) specifies four criteria which are applicable without reference to Clause 13. A new rate shall only be appropriate if all four criteria are satisfied. Is this statement true or false?)
A) True
B) False
2. (Upon review of the revised programme, submitted by the Contractor, if the Engineer (under FIDIC Red or Yellow Books) or Employer (under FIDIC Silver Book) does not give a Notice of Non-Compliance within 14 days after receiving a revised programme, then... [complete the sentence, thereby considering FIDIC Red, Yellow, and Silver Books (edition 2017)]. (1 correct answer applies))
A) The Engineer shall be deemed to have given a Consent and the revised programme shall be the Programme.
B) The Contractor cannot proceed in accordance with the Programme.
C) The Engineer is deemed to have no objection to use the revised Programme for the Works.
D) The Contractor shall submit a Notice to the Engineer or the Employer reminding him to give its approval on the revised programme.
3. (Which two of the following statements are correct regarding the first step of an Employer ' s Claim, considering that the Employer is entitled to a reduction in the Contract Price and/or an extension of the Defects Notification Period under any Clause of the Conditions of Contracts or otherwise in connection with the Contract, under the FIDIC Red, Yellow, and Silver Books (edition 2017)?
Choose all of the correct answers (multiple possibilities).)
A) The Notice shall be given to the Engineer, as soon as practicable, and no later than 28 days after the claiming Party became aware, or should have become aware, of the event or circumstance.
B) A Notice from the Employer is not required in order to give a Notice to the Engineer for services requested by the Contractor.
C) The Notice given by the Employer must also include the legal or contractual basis of the claim, including the clause of the Contract under which it is made.
D) The Employer shall give a Notice to the Engineer, describing the event or circumstance giving rise to the cost, loss, delay or extension of the Defects Notification Period for which the Claim is made.
4. Which one of the following statements is NOT correct in respect of FIDIC Yellow Book (both editions)?
A) A disproportionate amount of risks is allocated to the Contractor under the General Conditions.
B) The Contractor provides plant and designs (except as otherwise specified) and executes the other works, all in accordance with the Contract, which includes its Proposal and the Employer ' s Requirements.
C) The General Conditions allocate the risks between the parties on a fair and equitable basis.
D) The Contract typically becomes legally effective when the Employer issues the Letter of Acceptance to the Contractor.
5. Upon review of the revised programme, submitted by the Contractor, if the Engineer (under FIDIC Red or Yellow Books) or Employer (under FIDIC Silver Book) does not give a Notice of Non-Compliance within 14 days after receiving a revised programme, then ... [complete the sentence, thereby considering FIDIC Red, Yellow, and Silver Books (edition 2017)]. (1 correct answer applies)
A) The Engineer shall be deemed to have given a Consent and the revised programme shall be the Programme.
B) The Engineer is deemed to have no objection to use the revised programme submitted by the Contractor, for the Works.
C) The Contractor cannot proceed in accordance with the Programme.
D) The Contractor shall submit a Notice to the Engineer or the Employer reminding him to give its approval on the revised programme.
Solutions:
| Question # 1 Answer: B | Question # 2 Answer: A | Question # 3 Answer: A,D | Question # 4 Answer: A | Question # 5 Answer: B |
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