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Under the FIDIC Red and Yellow Books (edition 2017), which two of the following elements shall form part of the initial time Programme?
A. The actual progress to date, any delay to such progress and the effects of such delay on other activities (if any).
B. The date on which the right of access to and possession of (each part of) the Site is to be given to the Contractor.
C. The sequence and timing of the remedial work.
D. All key delivery dates of Plant and Materials.
Answer: B,D
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
NEW QUESTION # 47
Which two statements are correct regarding the FIDIC Red Book (edition 2017)?
A. There is never a difference in effect whether in the Particular Conditions when the term " Works " is used, or when the term " works " is used.
B. Words and expressions stated in Sub-Clause 1.1 Definitions do not apply in respect of Specifications and Drawings.
C. Contract Data contains information which is required by certain Sub-Clauses in the General Conditions.
D. In some cases, if a certain information is not provided in the Contract Data, the relevant Sub-Clause shall not be applicable.
Answer: C,D
Explanation:
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
NEW QUESTION # 48
(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. 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.
B. 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.
C. 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.
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.
Answer: A
Explanation:
FIDIC Golden Principle 2 (GP2) emphasizes that Particular Conditions must be drafted clearly, precisely, and without ambiguity, ensuring that any modification to the General Conditions is transparent and easily understood.
Option D directly reflects this requirement. It highlights that any changes to the General Conditions must be explicitly referenced to the relevant Sub-Clauses and must clearly indicate the nature of the modification (addition, replacement, omission, etc.). This approach ensures traceability, avoids confusion, and preserves the contractual clarity essential for proper administration and dispute avoidance.
Options A, B, and C all contradict the Golden Principles by promoting ambiguity or informal modification practices. Allowing inconsistent clarifications, relying on implicit amendments, or incorporating changes via emails without properly integrating them into the Particular Conditions undermines contractual certainty and increases the risk of disputes.
From a contract management perspective, clear drafting of Particular Conditions is critical to maintaining the integrity of FIDIC contracts, ensuring that all Parties have a shared and precise understanding of their rights and obligations.
Thus, Option D best reflects the intent and application of FIDIC Golden Principle 2.
NEW QUESTION # 49
Which two of the following statements are correct regarding the dayworks under FIDIC Red, Yellow, and Silver Books (both editions)?
Choose all of the correct answers (multiple possibilities).
A. The dayworks related Sub-Clause is also applicable to other types of works.
B. The dayworks related Sub-Clause is only used for remeasurement in the FIDIC Red Book (both editions) only.
C. If a Daywork Schedule is not included in the Contract, the Sub-Clause related to dayworks shall not apply.
D. The Engineer (or the Employer in case of FIDIC Silver Book) may instruct that " a Variation shall " be executed on a daywork basis.
Answer: A,D
Explanation:
Dayworks refer to works executed on a time basis (e.g., labor and plant) with payment made according to predetermined rates rather than a lump sum or unit rate contract price.
* Option A is incorrect. Even if a Daywork Schedule is not initially included, the dayworks Sub-Clause (e.
g., Sub-Clause 13.7 in Red and Yellow Books, 13.8 in Silver Book 1999) still applies to dayworks ordered during the contract execution. The schedule facilitates pricing, but the Sub-Clause governs the method and conditions for dayworks.
* Option B is correct. The dayworks Sub-Clause is applicable not only to traditional construction works but can also be applied to other types of works, such as variations or additional works that cannot be precisely measured or foreseen and are charged on a time basis.
* Option C is incorrect. The dayworks Sub-Clause is used in all FIDIC standard forms (Red, Yellow, and Silver Books), not only for remeasurement in the Red Book. In the Yellow Book (plant and design- build) and Silver Book (EPC/turnkey), dayworks are similarly applicable for certain variations or unforeseen works.
* Option D is correct. The Engineer (in Red and Yellow Books) or the Employer (in the Silver Book, where the Engineer's role is limited) may instruct that a variation be executed on a daywork basis. This instruction is typically used when the scope or quantity cannot be reasonably pre-determined.
References:
FIDIC Red Book 2017 Edition, Sub-Clause 13.7 - Dayworks
FIDIC Yellow Book 2017 Edition, Sub-Clause 13.7 - Dayworks
FIDIC Silver Book 1999 Edition, Sub-Clause 13.8 - Dayworks
FIDIC Contract Manager Study Guide, Module on Contract Administration Procedures
NEW QUESTION # 50
Regarding the FIDIC Red Book (edition 1999), which two statements are true?
A. A notice is to be signed by the Engineer, Contractor ' s Representative or Employer ' s Authorised Representative.
B. In emergency situations notices can also be submitted verbally (rather than (also) in writing).
C. Notices and other communications may be sent in hand written, type written, in print or through an electronic original transmission system.
D. A notice and other communications may be delivered by hand, courier and mail. In each case with proof of receipt is required to qualify as legally valid.
Answer: B,C
Explanation:
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
NEW QUESTION # 51
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