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Medical Professional Certified Case Manager Certification Exam (CCM) Sample Questions:

1. Under the FIDIC Construction Contract (Red Book), which of the following amendments do NOT comply with the FIDIC Golden Principles? [1999 Edition] (2 correct answers apply) Choose all of the correct answers (multiple possibilities).

A) The DAB Decision is final and binding
B) The Payment shall be released by the Employer within 180 days calculated from receiving the Contractor ' s Monthly Statement
C) Deletion of Sub-Clauses 20.2 - 20.4 for a Project constructed in United Arab Emirates
D) The Contractor is responsible for the performance of the Nominated Subcontractors

2. Regarding FIDIC Yellow and Silver Books (edition 1999) the Contractor has submitted its design proposal through the Contractor ' s Proposal. Which two of the following statements are true in this respect, after it has been submitted?
Choose all of the correct answers (multiple possibilities).

A) The Contractor is not allowed to make any changes regarding the design to optimise the design, unless approved by the Engineer/Employer.
B) The Contractor is not allowed to submit a proposal for Value Engineering, as any value engineering should already have taken place before submitting its design proposal.
C) The Contractor is entitled to change the design by optimising the design, without approval of the Employer/Engineer.
D) The Contractor may submit a proposal for Value Engineering.

3. (Regarding the FIDIC Red Book (edition 2017): what two answers provide for requirements regarding a notice and other communication?
Choose all of the correct answers (multiple possibilities).)

A) If a form of communication is to qualify as a Notice, it must be identified as a notice.
B) If a form of communication does not qualify as a notice but as other communication, it must be identified as such and shall include reference of provision of Contract under which it is issued (if appropriate).
C) Notices and other communications shall be delivered to the address of the Contractor ' s Representative.
D) If the recipient ' s address differs from the address stated in the Contract Data, notices and other communications may be delivered to that other correct address.

4. You are the Contract Manager of the Employer ' s Representative in a Thermal Power Plant Project. The Contract for this project is EPC Turnkey Contract using the FIDIC Silver Book (edition 2017) with a Contract Price of 28 million USD. The Employer ' s Requirements require that: " the Contractor design in accordance with international and national technical regulations, and standards, [etc.] " .
For piling works, the Employer ' s Requirements state that the Contractor will design according to a specific national standard for piling works NTS-PW-01. After all piles for the jetty have been installed, a pile load test on lateral bearing capacity shows that actual lateral bearing capacity is much lower than the calculated lateral bearing capacity. It was later revealed by the Technical Standard Committee that there was a typo mistake during preparation of the NTS-PW-01 (translated from a foreign standard). The lateral bearing capacity of installed piles had been substantially overestimated as a result of this typo. Contractor submits a claim for
200,000 USD regarding extra costs for installing additional piles as a result of errors in the Employer ' s Requirements.
In the hydrological information of Site Data provided by the Employer, the annual high water level is 4.0m.
However, during the design stage, with updated data from local stations along the rivers, the Contractor found out there was a mistake in the calculation. The annual high water level should be 4.5m. As a result, the Contractor has to design and build additional flood walls along the river to protect the Plant from flooding.
The Contractor claims an amount of 300,000 USD to construct the flood wall, based on Unforeseeable difficulties.
As the Employer ' s Representative, after you have consulted with both Parties but failed to reach agreement, you will make a fair determination of the Claims of the Contractor.
In your " Notice of the Employer ' s Representative ' s determination " , what is your determination for the Contractor?

A) The Contractor is entitled to both Claims.
B) The Contractor is entitled to the Claim for additional costs in relation to the piling, based on errors in the Employer ' s Requirement only.
C) The Contractor is entitled to the Claim for the additional flood wall based on Unforeseeable difficulties only.
D) The Contractor is not entitled to either of the Claims.

5. A Contractor under the FIDIC Silver Book (edition 1999) has not been able to finish the Works within the Time for Completion as mentioned in the Contract and has overrun the Time for Completion by 3 months.
This results in a significant claim of $4,500,000 from the Employer. The Employer has submitted this claim to the Contractor according to the procedures as mentioned in the Contract. The Contractor asks you for advice and refers to Clause 8. Which one of the following statements is NOT true?

A) The root cause of the delay has to be determined by the Contractor, thereby especially verifying if the cause of the delay lies in a delay caused by the Authorities.
B) In addition to the delay damages as mentioned in Sub-Clause 2.5, the Employer has the right to claim any extra costs it has to make due to the delay, as delay damages are not seen as compensation for costs incurred by the Employer, but only as an incentive for the Contractor to perform on time.
C) If there are Variations agreed between the Contractor and the Employer, the Contractor should check if an adjustment for Time for Completion was part of any of these Variations.
D) If the delay is entirely caused by the Employer having instructed the Contractor to suspend progress during the Works, while the cause of the suspension is not the responsibility of the Contractor, the claim for delay damages was wrongfully issued.

Solutions: