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Medical Professional Certified Case Manager Certification Exam (CCM) Sample Questions (Q14-Q19):
NEW QUESTION # 14
You are the Contract Manager of the Engineer in a hotel project. In May 2020, the Employer and the Contractor signed a Contract based on the FIDIC Yellow Book (edition 2017), as per which the Contractor will design and build a hotel project with Contract Price of 5,100,000 USD. The Time for Completion for this project is 12 months (May 2021). The Contract also named a nominated Subcontractor (as referred to in Sub- Clause 4.5) who provides mechanical, electrical, and plumbing services for the project (including the fire fighting system), which was accepted by the Contractor without any discussions.
The Project was delayed due to issues with the fire fighting system, and you issued the Taking-Over Certificate in June 2022.
The Employer sent a Notice of Claim to the Contractor on Delay Damages with a maximum value equal to
10% of Contract Price (510,000 USD). The Employer also gave a Notice to the Contractor stating that the Contractor has failed to submit the evidence of payment to the nominated Subcontractor as well as the reason for withholding payment to the nominated Subcontractor. Therefore, the Employer has paid the nominated Subcontractor directly the entire amount due, coming to 100,000 USD. The Employer intends to include this amount as a deduction in the Final Payment to the Contractor.
As Contract Manager of the Engineer, you are tasked to make a fair determination of the Notices of the Employer. In your "Notice of the Engineer's determination", what is your determination for the deduction of the next Interim Payment to the Contractor in relation to the amount directly paid to the nominated Subcontractor?
- A. The Employer is entitled to deduct the amount directly paid.
- B. The Employer is not entitled to deduct the amount directly paid.
Answer: A
Explanation:
Comprehensive and Detailed Explanation:
According to FIDIC Yellow Book 2017, Sub-Clause 4.5, the Employer has the right to pay a nominated Subcontractor directly if the Contractor fails to do so and can deduct the amount from payments due to the Contractor. This provision protects nominated Subcontractors and ensures payment continuity. The Contractor's failure to provide evidence of payment and justification for withholding payment justifies the Employer's direct payment and deduction.
Thus, the Engineer's determination should allow the Employer to deduct the 100,000 USD paid directly to the nominated Subcontractor from the Contractor's next Interim Payment, ensuring fairness and contract compliance.
References:
FIDIC Yellow Book 2017 Edition, Sub-Clause 4.5 - Nominated Subcontractors FIDIC Contract Manager Study Guide, Module on Claims and Payment Procedures
NEW QUESTION # 15
When does discharge become effective under the FIDIC Red Book (edition 1999)? (1 correct answer applies)
- A. When the Contractor receives its Performance Security from the Employer.
- B. When the Employer counter signs a discharge notice as issued by the Contractor, following full payment and return of the Performance Security.
- C. When the Contractor receives full payment certified through the Final Payment Certificate and return of the Performance Security.
- D. When the Contractor receives full payment certified through the Final Payment Certificate.
Answer: C
Explanation:
Under the FIDIC Red Book 1999, discharge becomes effective when the Contractor has received full payment certified by the Final Payment Certificate and the return of the Performance Security (Sub-Clause 14.10).
Both elements must be completed for the contract to be considered fully discharged, releasing the Contractor from further obligations or liabilities under the contract.
Option A is incomplete as payment alone does not fully discharge the Contractor.
Option B is incomplete as return of Performance Security alone is insufficient.
Option D is incorrect because the contract does not require a discharge notice signed by the Employer beyond these conditions.
References:
FIDIC Red Book 1999 Edition, Sub-Clause 14.10 - Final Payment and Discharge FIDIC Contract Manager Study Guide, Module on Project Close-Out and Final Account
NEW QUESTION # 16
The details of all the matters that have been clarified and agreed between the Employer and tenderers during the tender stage are recorded by, for instance, a memorandum of understanding. The Employer may award the contract to the tenderer through a letter of formal acceptance, signed by the Employer. This process is in compliance with which one of the following Golden Principles (GP's)?
- A. GP 1
- B. GP 3
- C. GPA
- D. GP 2
Answer: A
Explanation:
FIDIC's Golden Principles (GPs) guide good contract management and administration.Golden Principle 1 (GP1)emphasizes"Clear communication and documentation"to avoid misunderstandings and disputes. It specifically promotes thorough documentation of all agreements and clarifications reached during the tender process. The use of a memorandum of understanding or similar record ensures transparency and mutual understanding. Furthermore, the formal award of the contract by a signed letter of acceptance aligns with the principle of clear and formal contract formation.
* GP1ensures that all key matters, changes, and agreements are properly documented during the tender phase and contract award to form an unambiguous contractual basis.
* GP2 and GP3relate more to ongoing contract administration, risk management, and dispute resolution rather than the contract formation process.
* GPA(Golden Principle A) is not a standard FIDIC term associated with contract formation or tender stage documentation.
Therefore, the described process aligns best withGolden Principle 1 (GP1).
References:
FIDIC Contract Manager Study Guide, Section on Golden Principles of Contract Management FIDIC Guidelines for Contract Managers
NEW QUESTION # 17
The FIDIC Books are evolutions of earlier contract models, and although the different versions of a specific model are not the same, familiarity in definitions and structure makes it easier to work with different FIDIC books as well as with their different editions.
Is this statement true or false?
- A. False
- B. True
Answer: B
Explanation:
This statement is true. The FIDIC suite of contracts, including Red, Yellow, and Silver Books, have evolved from earlier editions and contract models, but they retain a common structure, terminology, and approach to risk allocation. This familiarity allows professionals who know one FIDIC contract to adapt more easily to other FIDIC contracts or updated editions. For example, common terms like Engineer, Employer, Contractor, Variation, and Claims exist across editions with consistent meaning.
The modular and familiar structure supports easier contract administration, negotiation, and interpretation.
However, differences in clauses, obligations, and procedures between editions (e.g., 1999 vs. 2017) require careful review. Nevertheless, the shared foundations mean prior experience provides valuable understanding, streamlining learning and application.
References:
FIDIC Contracts Guide, General Introduction and History
FIDIC Contract Manager Study Guide, Module on Introduction to FIDIC Contracts
NEW QUESTION # 18
(Under the FIDIC Red and Yellow Books (edition 1999), which two of the following answers are correct regarding the application for Interim Payment Certificates? Choose all correct answers.)
- A. The statement submitted by the Contractor shall include, if applicable, any amounts to be added for Provisional Sums.
- B. Each statement must be accompanied (or preceded) by supporting documents, including the progress report specified in Sub-Clause 4.21, for the relevant period.
- C. The Contractor shall submit a Statement in five copies to the Employer.
- D. The statement submitted by the Contractor shall include, if applicable, any amounts to be added and deducted for Plant and Materials.
Answer: A,B
Explanation:
Under FIDIC Red Book and Yellow Book 1999, Sub-Clause 14.3 [Application for Interim Payment Certificates] governs the Contractor's obligations when submitting statements for interim payments.
Option B is correct because the Statement must include amounts relating to Provisional Sums where applicable. These sums form part of the Contract Price adjustments and must be reflected in interim applications when instructed or executed.
Option C is also correct. Sub-Clause 14.3 explicitly requires that each Statement be accompanied by supporting documents. This includes records of progress and, importantly, the progress report under Sub- Clause 4.21 [Progress Reports], ensuring that the Engineer can properly assess the value of work done.
Option A is incorrect because FIDIC does not mandate submission "in five copies" nor submission directly to the Employer; typically, submissions are made to the Engineer, and the number of copies is not fixed in the General Conditions.
Option D is incorrect as stated. While Plant and Materials may be considered under Sub-Clause 14.5 [Plant and Materials intended for the Works], their inclusion is subject to specific conditions and certification, not simply "added and deducted" generically within every Statement.
Thus, the correct application aligns with procedural compliance, proper substantiation, and inclusion of relevant financial components as per Clause 14.
NEW QUESTION # 19
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