Pass the FIDIC Contract Manager CCM Questions and answers with Dumpstech

Under FIDIC 2017, Clause 8.3 [Programme] was significantly enhanced compared to the 1999 editions, introducing more detailed and stricter requirements for programme management and updating.

Option A is correct. The 2017 editions explicitly require the Contractor to revise and resubmit the Programme whenever it becomes inconsistent with actual progress. This strengthens proactive project control and ensures that the Programme remains a live and reliable management tool.

Option C is also correct. FIDIC 2017 emphasizes that revised programmes must accurately reflect actual progress and current circumstances, including sequencing, logic, and resources. This aligns with the broader 2017 philosophy of improved transparency and contract administration.

Option B is incorrect because FIDIC does not mandate specifying particular programming software; this remains at the Contractor’s discretion unless otherwise stated in Particular Conditions.

Option D is incorrect because submission of a programme within 28 days already existed in FIDIC 1999 (Sub-Clause 8.3), and therefore is not a “new” feature.

These enhancements reflect FIDIC 2017’s focus on active project management, early warning, and accurate planning, making the Programme a central tool for monitoring and controlling project performance.

This situation is governed by Sub-Clause 4.24 [Fossils] of the FIDIC Yellow Book 1999. According to this clause, all fossils, coins, articles of value, antiquities, and structures of geological or archaeological interest discovered on the Site are considered the property of the Employer. The Contractor is required to take reasonable precautions to prevent removal or damage and must immediately notify the Engineer upon discovery.

In this scenario, the supervisor has acted correctly by stopping the Works, securing the Site, and informing the Engineer. The Engineer’s responsibility is then to take control of the situation in accordance with contractual and legal obligations. This includes ensuring the Site remains secure, instructing the Contractor to provide guards or protective measures, and notifying the Employer and relevant local authorities. Since these actions may cause delay and incur additional cost, the Engineer should formalize instructions through a Variation under Clause 13, allowing the Contractor to be compensated for such measures.

Option A is incorrect because it violates ownership rights and proper procedures. Option C is wrong because the Engineer is not prevented from acting pending formal notice—immediate action is required. Option D is incorrect because it disregards the importance of preserving archaeological findings and breaches Sub-Clause 4.24 obligations.

Thus, Option B fully aligns with FIDIC risk allocation, procedural compliance, and the Engineer’s duty to administer the Contract properly.

Option B is correct: When instructed to implement a Variation promptly, the Contractor must commence work and keep detailed records for subsequent valuation and impact assessment.

Option D is correct: The Contractor is required to submit, within 28 days, a description, programme, and price proposal relating to the Variation as part of contract procedures.

Option A is incorrect: The Contractor generally must proceed promptly regardless of dispute about foreseeability but may reserve rights via notices.

Option C is incorrect: Safety cannot be compromised; the Contractor should not undertake hazardous work without mitigation.

Option E is incorrect: The Contractor is generally bound to start work upon instruction even if the price is not yet agreed.

Option A is correct: Continuing effect claims (claims where the event’s impact continues over time) require notices like other claims, typically within 28 days of awareness.

Option D is correct: The fully detailed claim submission generally must be within 84 days of becoming aware of the event, allowing the Claiming Party to elaborate on the claim.

Option B is incorrect; Employer claims also require timely notification.

Option C is incorrect; missing a single interim claim does not necessarily result in losing entitlement if the contract allows for correction or continued claims.

Under FIDIC 1999 Conditions of Contract, retention money is addressed primarily in Sub-Clause 14.9 [Payment of Retention Money]. The release of retention is typically split into two halves: the first half upon issuance of the Taking-Over Certificate, and the second half after the Defects Notification Period (DNP) has expired and all outstanding work has been completed.

However, the contract provides a safeguard for the Employer (and Engineer administering the contract) where there are outstanding defects or incomplete obligations. In the Red Book, Clause 11 [Defects Liability] governs the Contractor’s obligation to remedy defects during the DNP. Similarly, in the Yellow and Silver Books, Clause 12 [Tests after Completion] may require additional works or compliance activities after completion.

If there are works still to be executed or defects yet to be remedied, the Engineer is entitled to withhold an amount equivalent to the estimated cost of completing such works from the retention money due for release. This ensures the Employer is financially protected in case the Contractor fails to fulfill post-completion obligations.

Therefore, the statement is correct, as it accurately reflects the contractual mechanism allowing withholding of retention corresponding to outstanding liabilities under the relevant clauses.

Under the FIDIC Red Book 2017, Clause 21 establishes a standing Dispute Avoidance/Adjudication Board (DAAB) as a default requirement. This is a major evolution from the 1999 edition, where a Dispute Adjudication Board (DAB) could be ad hoc. Therefore, Option C is correct, as the General Conditions clearly provide for a standing DAAB appointed at the outset of the Contract.

Option D is also correct. The appointment procedure for DAAB members requires mutual agreement between the Parties. Even if one Party nominates a member, that nomination must be accepted by the other Party to ensure neutrality, independence, and confidence in the dispute resolution process.

Option A is incorrect because amicable settlement (Clause 21.5) is required after a DAAB decision and before arbitration, not before referring a matter to the DAAB.

Option B is incorrect because DAAB decisions are binding immediately (whether or not final), unless and until revised by arbitration. They are not dependent on prior confirmation by arbitration to be binding.

Option E is incorrect because failure to give a Notice of Dissatisfaction (NoD) relates to a DAAB decision becoming final and binding—not an Engineer’s determination. The statement incorrectly mixes procedural steps.

These provisions reflect FIDIC’s structured multi-tier dispute resolution system, promoting early resolution through DAAB before escalation to arbitration.

Under FIDIC Red Book 1999, price adjustments after the Time for Completion are based on the indices or prices applicable on the date 49 days before the expiry of the Time for Completion, not the current index. This prevents the Contractor from benefiting from price fluctuations after the contract period.

This clause ensures fairness by locking the price basis as of a fixed reference date, protecting the Employer from increased costs due to delays.

The best advice is to verify specific contractual documents such as the Appendix to Tender, Employer’s Requirements, and Particular Conditions, which may specify the required language for Operation and Maintenance Manuals. If no specific provision is made, the default language is that of the Contract as per Sub-Clause 1.4, which in this case is English.

Therefore, the Contractor is generally obliged to provide manuals in English unless otherwise specified.

Options B, C, and D are less comprehensive or may disregard contractual hierarchy or project-specific details.

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.

Option B is correct. Under FIDIC contracts, the Contractor must provide proof of how the Provisional Sum has been expended when requested by the Engineer. This ensures transparency and proper use of funds allocated as Provisional Sums.

Option A is incorrect; Provisional Sums are often used based on instructions from the Engineer or Employer.

Option C is incorrect because Provisional Sums are precisely intended to be used, in whole or in part, according to Engineer’s or Employer’s instructions.