Pass the FIDIC Contract Manager CCM Questions and answers with CertsForce

Under FIDIC Red Book 2017, Clause 1.1 [Definitions] and Clause 1.5 [Priority of Documents] define the composition and hierarchy of the Contract. The Contract is not limited to only General and Particular Conditions; it includes multiple documents such as the Contract Agreement, Letter of Acceptance, Letter of Tender, Specifications, Drawings, and Schedules. Therefore, Option A is incorrect.

Option B is correct. The term “Conditions of Contract” explicitly refers to the General Conditions as modified or amended by the Particular Conditions. This reflects how Particular Conditions adapt the standard FIDIC provisions to project-specific requirements while forming a single integrated set of contractual conditions.

Option C is incorrect because Contract Data forms part of the Particular Conditions, not the General Conditions. It contains project-specific data that complements and modifies the General Conditions.

Option D is correct. The Contract Agreement, Letter of Acceptance, and Letter of Tender are explicitly listed as core Contract documents under FIDIC 2017. These documents establish the legal formation of the Contract and define the agreed scope, price, and commitments between the Parties.

This structure ensures clarity, proper hierarchy, and enforceability of contractual obligations in FIDIC contracts.

Option C is not true because under the FIDIC Silver Book (1999 edition), the delay damages (liquidated damages) specified in the contract are intended as full compensation for the Employer’s loss resulting from late completion. The contract usually excludes other claims for actual losses or extra costs beyond the delay damages.

Option A is true; Variations can include extensions of time.

Option B is true; identifying delay causes is essential for claims and defences.

Option D is true; if the Employer causes suspension not attributable to the Contractor, delay damages claims by the Employer are generally unjustified.

Thus, the Employer cannot claim extra costs over and above delay damages as per typical Silver Book provisions.

Two-stage procurement, involving pre-qualification followed by tender, is typically recommended for large-scale projects where many potential contractors might be interested. This process helps to shortlist qualified contractors, thus streamlining the tender evaluation and increasing the quality and competitiveness of submitted offers.

Option C correctly reflects this approach for complex or large projects where competition needs to be managed.

Option A is incorrect since simple, short-duration projects usually do not require complex procurement.

Option B is incorrect because if only a few capable contractors exist, pre-qualification may be less necessary.

Option D is incorrect as international financing does not always mandate two-stage procurement, although it often influences procurement methods.

According to FIDIC Red and Yellow Books (both 1999 and 2017 editions), the advance payment guarantee amount may be progressively reduced as the Contractor repays the advance payment through deductions from interim payment certificates. This means the guarantee is reduced as per amounts repaid, not only upon full repayment.

Option D is correct: The guarantee reduces as partial repayments are certified in Payment Certificates.

Option C is incorrect because the reduction happens gradually, not only after full repayment.

Options A and B do not directly relate to the reduction mechanism of the advance payment guarantee.

Under the FIDIC Red and Yellow Books 1999 editions, the Engineer acts as the Employer ' s representative with authority delegated under the contract. When an instruction requires the Employer’s prior approval, it is primarily the Engineer’s responsibility to obtain that approval before issuing the instruction to the Contractor.

The Contractor is not contractually required to verify whether the Engineer has obtained the Employer’s approval. The Contractor is generally entitled to rely on the Engineer’s instructions as valid and binding unless there is clear evidence to the contrary.

This principle avoids placing an undue administrative burden on the Contractor and maintains the hierarchical contract administration structure, where the Engineer is the primary point of contact and decision-maker.

Under FIDIC Red Book 1999, Sub-Clause 17.3 defines Employer’s Risks, which include war, hostilities, rebellion, revolution, insurrection, or military/usurped power. The scenario clearly falls within “insurrection,” making it an Employer’s Risk. Consequently, under Sub-Clause 17.4, the Contractor is entitled to both Extension of Time (EOT) and Cost if such risks affect execution of the Works.

At this stage, the Engineer must acknowledge that the event qualifies as an Employer’s Risk and that entitlement in principle exists. However, the exact quantum of delay and Cost cannot yet be determined because the situation is ongoing. FIDIC practice allows for such claims to be assessed after the effects are known. Importantly, the Contractor has already provided notice, satisfying Sub-Clause 20.1 requirements.

Option B is incorrect because entitlement is not conditional upon the end of the event; only quantification is deferred. Option C is wrong because foreseeability does not negate Employer’s Risks explicitly listed in Sub-Clause 17.3. Option D misapplies Sub-Clause 2.1, which relates to access to the Site, not political violence or insurrection.

Therefore, Option A correctly reflects FIDIC principles: recognition of entitlement with later assessment of time and cost.

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.

Option A is correct: Certification and payment of interim payments are conditional on Employer’s receipt of the Contractor’s appointment and the Advance Payment Guarantee (Sub-Clause 14.2.1).

Option D is correct: Payment also requires receipt of the Contractor’s statement supported by relevant documentation.

Option B alone is insufficient without supporting documents.

Option C relates to appointment and performance security but is not a stated precondition for payment certification.

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.

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.