CCM 무료 덤프문제 온라인 액세스

You are the Contract Manager of the Engineer in a hotel project. In May 2020, the Employer and the Contractor signed a Contract based on the FIDIC Yellow Book (edition 2017), as per which the Contractor will design and build a hotel project with Contract Price of 5,100,000 USD. The Time for Completion for this project is 12 months (May 2021). The Contract also named a nominated Subcontractor (as referred to in Sub- Clause 4.5) who provides mechanical, electrical, and plumbing services for the project (including the fire fighting system), which was accepted by the Contractor without any discussions.
The Project was delayed due to issues with the fire fighting system, and you issued the Taking-Over Certificate in June 2022.
The Employer sent a Notice of Claim to the Contractor on Delay Damages with a maximum value equal to
10% of Contract Price (510,000 USD). The Employer also gave a Notice to the Contractor stating that the Contractor has failed to submit the evidence of payment to the nominated Subcontractor as well as the reason for withholding payment to the nominated Subcontractor. Therefore, the Employer has paid the nominated Subcontractor directly the entire amount due, coming to 100,000 USD. The Employer intends to include this amount as a deduction in the Final Payment to the Contractor.
As Contract Manager of the Engineer, you are tasked to make a fair determination of the Notices of the Employer. In your " Notice of the Engineer ' s determination " , what is your determination for the deduction of the next Interim Payment to the Contractor in relation to the amount directly paid to the nominated Subcontractor?

• A.The Employer is not entitled to deduct the amount directly paid.
• B.The Employer is entitled to deduct the amount directly paid.

Which one of the following documents constitutes a contract and is considered binding on both parties, when the Employer wants to award the Contract to the tenderer?

• A.Memorandum of understanding
• B.Letter of Acceptance
• C.Letter of Intent
• D.Letter of Intent & Memorandum of understanding

Which two of the following statements are correct regarding the dayworks under FIDIC Red, Yellow, and Silver Books (both editions)?
Choose all of the correct answers (multiple possibilities).

• A.The Engineer (or the Employer in case of FIDIC Silver Book) may instruct that " a Variation shall " be executed on a daywork basis.
• B.If a Daywork Schedule is not included in the Contract, the Sub-Clause related to dayworks shall not apply.
• C.The dayworks related Sub-Clause is also applicable to other types of works.
• D.The dayworks related Sub-Clause is only used for remeasurement in the FIDIC Red Book (both editions) only.

In a drafted FIDIC Silver Book (edition 1999), the following sentence has been added to Sub-Clause 3.5:
" In case of an Instruction regarding a pending or proposed Variation, Contractor shall carry out any determination regardless of a possible notice of dissatisfaction. " What GP(s) is/are breached?

• A.GP1 and GP3
• B.GP3 only
• C.GP1 only
• D.GP1, GP2 and GP3

(You are the Contract Manager in a contract using the FIDIC Red Book with a Dispute Avoidance and Adjudication Board. The DAAB is already appointed (standing DAAB). You are coaching your team on the steps to be followed to request for informal assistance from the DAAB during a Site visit. Which one of the following does NOT belong to those steps?)

• A.The Engineer has made a non-objection letter, in which it is stated that the issue/disagreement does not concern the matter that is being dealt with by the Engineer.
• B.The Employer and the Contractor have identified an issue and disagreement, and have agreed between themselves that they want the DAAB to provide assistance and/or informally discuss and attempt to resolve that issue/disagreement.
• C.Both Parties should be present at the meeting in which the DAAB provides assistance.
• D.The Employer and the Contractor have made a " joint request " in writing before the DAAB gives the requested assistance.