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Which one of the following is not a required document to be submitted by the Contractor if the Employer requests a proposal, prior to instructing a Variation, for FIDIC 2017 Yellow Book?
A. A description of the proposed design.
B. A Programme for execution of the varied work.
C. A description of the varied work.
D. Details of the resources and methods to be adopted by the Contractor.
Answer: A
Explanation:
When the Employer requests a proposal prior to instructing a Variation, the Contractor is typically required to submit:
A description of the varied work (Option A).
Details of resources and methods for carrying out the Variation (Option C).
A Programme showing how the Variation will be executed (Option D).
A description of the proposed design (Option B) is not always required as part of the Variation proposal, especially if the Variation is limited to changes in execution rather than design.
References:
FIDIC Yellow Book 2017 Edition, Sub-Clause 3.4 - Variation Procedure
FIDIC Contract Manager Study Guide, Module on Variations and Change Management
NEW QUESTION # 11
The amount of an advance payment guarantee provided for pursuant to FIDIC Red and Yellow Books (both editions) may be reduced as of:
A. The date on which the entire advance payment is repaid as stated in the Payment Certificate
B. The Commencement Date
C. The date on which an amount is repaid by the Contractor as stated in the Payment Certificates
D. The date of the Taking Over Certificate
Answer: C
Explanation:
According to FIDIC Red and Yellow Books (both 1999 and 2017 editions), the advance payment guarantee amount may be progressively reduced as the Contractor repays the advance payment through deductions from interim payment certificates. This means the guarantee is reduced as per amounts repaid, not only upon full repayment.
Option D is correct: The guarantee reduces as partial repayments are certified in Payment Certificates.
Option C is incorrect because the reduction happens gradually, not only after full repayment.
Options A and B do not directly relate to the reduction mechanism of the advance payment guarantee.
References:
FIDIC Red and Yellow Books 1999 & 2017 Editions, Sub-Clause 14.2 - Advance Payment Guarantee FIDIC Contract Manager Study Guide, Module on Payment Procedures
NEW QUESTION # 12
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. False
B. True
Answer: B
Explanation:
This statement is true. Under FIDIC Silver Book 1999, Sub-Clause 8.6, the Employer can instruct the Contractor to submit a revised programme to meet the contractual Time for Completion. If, after such instruction, the revised programme still shows the Works will not complete on time, the Employer may claim additional costs (such as delay damages or compensation) due to continued delay.
Thus, the Employer's right to claim additional costs is contingent on the revised programme not enabling timely completion.
References:
FIDIC Silver Book 1999 Edition, Sub-Clause 8.6 - Revised Programme
FIDIC Contract Manager Study Guide, Module on Claims and Delay Damages
NEW QUESTION # 13
Giving "Notice" .... [2017 edition] (2 correct answers apply)
Choose all of the correct answers (multiple possibilities).
A. ... is not a compulsory obligation, but "highly recommended".
B. ... is intended for written communications, in full compliance with the formal requirements outlined in the dedicated Sub-Clause.
C. ... is always compulsory together with a clear indication of the relevant Sub-Clause under which the Notice is being served.
D. ... is a special obligation for the Engineer only, in order to enable him/her to manage the implementation of the contract.
Answer: B,C
Explanation:
Option B is correct: Notices are compulsory when required and must reference the relevant Sub-Clause to be valid.
Option D is correct: Notices are formal written communications and must comply with the contract's prescribed procedures.
Option A is incorrect; notices are often mandatory, not merely recommended.
Option C is incorrect; notices are obligations for all Contract Participants, not just the Engineer.
References:
FIDIC Red, Yellow, Silver Books 2017 Edition, Sub-Clause 1.3 - Communications FIDIC Contract Manager Study Guide, Module on Notices and Communication
NEW QUESTION # 14
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 Contractor cannot proceed in accordance with the Programme.
B. The Engineer shall be deemed to have given a Consent and the revised programme shall be the Programme.
C. The Contractor shall submit a Notice to the Engineer or the Employer reminding him to give its approval on the revised programme.
D. The Engineer is deemed to have no objection to use the revised programme submitted by the Contractor, for the Works.
Answer: D
Explanation:
Comprehensive and Detailed Explanation:
According to the FIDIC 2017 editions (Red, Yellow, and Silver Books), when the Contractor submits a revised programme, the Engineer or Employer has a limited time (typically 14 days) to review and raise any Notice of Non-Compliance if the programme does not meet contract requirements (Sub-Clause 8.3 or equivalent). If no notice is issued within this period, the Engineer or Employer is deemed to have no objection to the revised programme.
This does not imply formal approval or consent, but the programme can be used for the execution and administration of the works in the absence of objections. This avoids unnecessary delay due to inaction.
Option D is correct as it captures this deemed "no objection" position.
Option B is incorrect as "deemed consent" is stronger than FIDIC provisions state; it is more correct to say
"no objection".
Option A is incorrect since the Contractor does not have to remind the Engineer or Employer for consent within this period.
Option C is incorrect because the Contractor may proceed if no non-compliance is notified.
References:
FIDIC Red Book 2017 Edition, Sub-Clause 8.3 - Programme
FIDIC Yellow Book 2017 Edition, Sub-Clause 8.3 - Programme
FIDIC Silver Book 2017 Edition, Sub-Clause 8.3 - Programme
FIDIC Contract Manager Study Guide, Module on Time and Delay Management
NEW QUESTION # 15
......
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