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

1. 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 not entitled to either of the 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 both Claims.
D) The Contractor is entitled to the Claim for the additional flood wall based on Unforeseeable difficulties only.

2. Under the FIDIC Red and Yellow Books (edition 2017), which two of the following elements shall form part of the initial time Programme?

A) The date on which the right of access to and possession of (each part of) the Site is to be given to the Contractor.
B) The actual progress to date, any delay to such progress and the effects of such delay on other activities (if any).
C) The sequence and timing of the remedial work.
D) All key delivery dates of Plant and Materials.

3. (The Employer is a leading company in the hospital and medical care sector who wishes to build a new hospital. The Employer is considering approaching a financial institute to secure most of the funds; therefore, he requires clarity and stability in terms of the Project ' s budget and time for completion. Which book do you recommend?)

A) Red Book
B) All the above
C) Yellow Book
D) Silver Book

4. (Both FIDIC Silver Book (SB) and Yellow Book (YB) (edition 1999) mention the Contractor scrutinising the Employer ' s Requirements. Which statement is correct?)

A) Scrutinising in FIDIC Silver Book 1999 means that the Contractor should read the Employer's Requirements very thoroughly after the contract closes and see if the Employer's Requirements is complete or if something is missing.
B) Scrutinising in FIDIC Yellow Book 1999 and Silver Book 1999 means that the Contractor must ask the Employer to check the Employer's Requirements very well to see if the Works can be built on that location according to the Employer's Requirements.
C) Scrutinising in FIDIC Yellow Book 1999 means the same as in FIDIC Silver Book 1999; in both models it means that after the contract closes and before starting the actual making of the design, the Contractor has to read the Employer's Requirements very thoroughly and check on any errors, omissions or conflicts.
D) Scrutinising in FIDIC Yellow Book 1999 means that the Contractor has the opportunity after the contract close to report on any errors, mistakes or conflicts in the Employer's Requirements. In the FIDIC Silver Book 1999 scrutinising provides that obligation during the tender period; the Contractor has to review and verify the Employer's Requirements more strictly before submitting the tender.

5. (Which two of the following statements are correct regarding the first step of an Employer ' s Claim, considering that the Employer is entitled to a reduction in the Contract Price and/or an extension of the Defects Notification Period under any Clause of the Conditions of Contracts or otherwise in connection with the Contract, under the FIDIC Red, Yellow, and Silver Books (edition 2017)?
Choose all of the correct answers (multiple possibilities).)

A) The Notice shall be given to the Engineer, as soon as practicable, and no later than 28 days after the claiming Party became aware, or should have become aware, of the event or circumstance.
B) The Notice given by the Employer must also include the legal or contractual basis of the claim, including the clause of the Contract under which it is made.
C) A Notice from the Employer is not required in order to give a Notice to the Engineer for services requested by the Contractor.
D) The Employer shall give a Notice to the Engineer, describing the event or circumstance giving rise to the cost, loss, delay or extension of the Defects Notification Period for which the Claim is made.

Solutions: