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1. Which one of the following statements best describes the requirements of Time for Completion?
A) This is one of the Contractor ' s obligations, namely the completion of most of the Works (except minor outstanding works), within the Time for Completion calculated from the Effective Date.
B) This is the Contractor ' s fundamental time-related obligation, namely completion the whole of the Works within the Time for Completion calculated from the Commencement Date.
C) This is one of the Contractor ' s obligations, namely the completion of most of the Works (except minor outstanding works), within the Time for Completion calculated from the Commencement Date.
D) This is the Contractor ' s fundamental time-related obligation, namely the completion of most of the Works (except minor outstanding works), within the Time for Completion calculated from the Commencement Date.
2. Under the FIDIC Red, Yellow, and Silver Books (both editions), the Contractor has a contractual obligation to submit a Value Engineering Proposal. Such proposal shall be prepared at the cost of the Employer. Are both these statements true or false?
A) True
B) False
3. Under the FIDIC Red Book (edition 2017), if the Contractor fails to comply with Site clearance obligation, what two options does the Employer have?
Choose all of the correct answers (multiple possibilities)
A) The Employer is entitled to the cost of reinstating, clearing the Site and disposal cost to the extent they exceed the money received from selling the remaining Contractor ' s items on the Site.
B) The Employer cannot reinstate and clear the Site and dispose the remaining Contractor ' s items on the Site if the Contractor fails, as this is the Contractor ' s obligation.
C) The Engineer cannot sell or otherwise dispose any remaining items and reinstate the Site at the Contractor ' s Cost.
D) The Employer may sell or otherwise dispose any remaining items and reinstate the Site at the Contractor ' s Cost.
4. Under the FIDIC Red, Yellow, and Silver Books (both editions), the Employer has an obligation to give a detailed notice to the Contractor about intended changes that are material to its financial arrangements.
A) True
B) False
5. You are the Contract Manager of the Engineer in a condominium project under FIDIC Yellow Book (edition
2017), with Time for Completion of 5 months.
The Contractor received a Letter of Acceptance on 1 May 2022. The Contract Agreement was signed on 1 June 2022. The Contract Agreement states that the Commencement Date shall be notified by the Engineer, but it shall be no later than 14 days after the signing of the Contract Agreement, subject to the issuance of the construction permit.
1 July 2022 is the first day the Engineer was at Site. On the same day, the Engineer issued a Notice to the Contractor that the Commencement Date shall be 15 July 2022. However, the construction permit was issued only on 1 August 2022.
The Project was completed on 1 December 2022. After completion, the Employer submitted a claim for Delay Damages. Following consultations, the Parties could not reach agreement on the Commencement Date.
What is the correct Commencement Date?
A) 15 June 2022
B) 12 June 2022
C) 15 July 2022
D) 1 August 2022
Solutions:
| Question # 1 Answer: B | Question # 2 Answer: B | Question # 3 Answer: A,D | Question # 4 Answer: A | Question # 5 Answer: D |
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