[2026年01月04日]CCM究極な学習ガイド [Q14-Q38]

新問題 14
The amount of an advance payment guarantee provided for pursuant to FIDIC Red and Yellow Books (both editions) may be reduced as of:

The Commencement Date

The date of the Taking Over Certificate

The date on which the entire advance payment is repaid as stated in the Payment Certificate

The date on which an amount is repaid by the Contractor as stated in the Payment Certificates

新問題 15
Is the Employer obliged under FIDIC Silver Book (edition 1999) to describe which Documents are to be submitted to the Employer? (1 correct response applies)

No, according to Sub-Clause 5.7 provisional operation and maintenance manuals are always required.

No, because the Contractor has a duty to supply the Employer with every Document, given Sub-Clause
7.4.

Yes, because otherwise the Contractor doesn’t have to submit any Document until Completion of the Works as stated in Sub-Clause 1.8.

Yes, the Employer should define which documents it wants to receive from the Contractor as Contractor’s Documents in the Employer’s Requirements, as stated in Sub-Clause 5.2.

新問題 16
If defects are identified during the Tests on Completion, which one of the following options is not available to the Parties under the Contract?

If the defects do not affect the use of the Works for their intended purpose, the Engineer can issue the Taking-Over Certificate.

By giving reasons, the Engineer can refuse to accept the Works until repeated tests have been successfully performed.

The Employer can request to take over the Works.

The Party which is not liable for the cost of rectifying defects can expect the other Party to pay the cost of performing the repeated tests.

新問題 17
Under the FIDIC Red, Yellow, and Silver Books (both editions), the Contractor has a contractual obligation to submit a Value Engineering Proposal. Such proposal shall be prepared at the cost of the Employer. Are both these statements true or false?

True

False

新問題 18
You are the Contract Manager in a highway project using FIDIC Red Book (edition 1999). You work for the Employer- a highway management agency. During the tender period, you are informed of a specific Commencement Date required by the directors of the agency. Which two of the following approaches to inform the tenderers of this date are clearly and unambiguously drafted?
Choose all of the correct answers (multiple possibilities).

Specify Commencement Date in the Minutes of Meeting of Contract Negotiation.

Specify Commencement Date in the Contract Agreement.

Specify Commencement Date in the Particular Conditions.

Inform the Commencement Date to the tenderers by email, and attach that email in the list of Contract Documents.

新問題 19
You are the Contract Manager for the Engineer in a hospital project using FIDIC Yellow Book (edition 2017).
The Employer demands perfection in the project’s design and construction quality. There are many Variations initiated by the Employer during design and construction. Which one of the following is considered to be a valid Variation?

The Contractor submits a Value Engineering proposal regarding the lighting system for the operation rooms. The Engineer is positive about the proposal and tells the Contractor they need to look into it.

The Engineer instructs a change in slopes of the access road to the intensive care unit to meet the Employer’s Requirement. The Engineer does so with a Notice in accordance with Sub-Clause 3.5.

The Engineer requests a proposal regarding a change in type of windows and doors. The Contractor submitted the proposal accordingly to the Engineer. The Engineer instructs the Variation.

The Employer verbally instructs a change in the type of doors. The Engineer issued a Notice describing the required change and denying any costs for the Contractor.

新問題 20
The Contractor is entitled to an advance payment, it has obtained such payment and it has not yet been entirely paid back. Under FIDIC Red Book (edition 1999), in which two situations will the outstanding balance of the advance payment become immediately due?
Choose all of the correct answers (multiple possibilities).

If the advance payment is not completely repaid before Time for Completion.

If advance payment is not completely repaid before the Performance Certificate is issued.

If the advance payment is not completely repaid before the Taking-Over Certificate is issued.

If the advance payment is not completely repaid before termination of the Contract.

新問題 21
Under the FIDIC Construction Contract, which one of the following statements is correct?

For an ad-hoc DAB, a retainer fee for each DAB Member must be paid to the Member on the first day of each calendar month.

Payments of a DAB Member’s retainer fee is the sole responsibility of the Contractor.

Payment to DAB Members must be certified by the Employer.

A DAB must give its decision in writing on any dispute when requested by one of the Parties.

If all persons nominated to serve as members of an ad hoc DAB do not sign a DAB Agreement, an appointing entity can make appointments.

新問題 22
The Contractor is entitled to an advance payment. Applying FIDIC Red Book (edition 1999), which two of the following statements are correct?
Choose all of the correct answers (multiple possibilities):

The advance payment is to help the Contractor to finance some of its early cost and expenditure until it becomes entitled to first (non-interim) payment.

The advance payment reflects the amount of works the Contractor has already performed up to the moment such advance payment is performed.

Under the General Conditions, the amount of advance payment is to be paid in full by the Employer through one instalment.

Under the General Conditions, the advance payment will be repaid by deducting all amounts from invoices until the entire advance payment is repaid.

新問題 23
FIDIC Red, Yellow, and Silver Books (both editions) contain a provision for the Engineer or Employer to instruct the Contractor to employ a subcontractor, thereby also permitting the Contractor to refuse to employ such proposed subcontractor on the basis of a reasonable objection by a notice. Is this statement true or false?

True

False

新問題 24
Which of the following form a Contractor’s entitlement, in case the Contractor does not receive an interim payment within the allocated contractual deadline for payment? (2 correct answers apply) Choose all of the correct answers (multiple possibilities).

Right after the expiry of the payment deadline, the Contractor may terminate the contract.

If the payment is not made within the time period required, after the expiry of such period, from the next day onwards, the Contractor is entitled to suspend all his/her activities on Site.

In case the Employer paid the Contractor late, the Contractor becomes entitled to receive financing charges applying the % included in the Contract Data (if this is not stated, then applying the percentage as included under the corresponding Sub-Clause).

The Contractor is entitled to suspend the works or reduce the rate of progress of the work, after giving a due Notice (21 days) about this intention.

Beyond receiving the financing charges, the Contractor has no further entitlements in such a case.

新問題 25
Which one of the following is not a required document to be submitted by the Contractor if the Employer requests a proposal, prior to instructing a Variation, for FIDIC 2017 Yellow Book?

A description of the varied work.

A description of the proposed design.

Details of the resources and methods to be adopted by the Contractor.

A Programme for execution of the varied work.

新問題 26
Regarding the FIDIC Red Book (edition 1999), which two statements are true?

In emergency situations notices can also be submitted verbally (rather than (also) in writing).

A notice is to be signed by the Engineer, Contractor’s Representative or Employer’s Authorised Representative.

A notice and other communications may be delivered by hand, courier and mail. In each case with proof of receipt is required to qualify as legally valid.

Notices and other communications may be sent in hand written, type written, in print or through an electronic original transmission system.

新問題 27
Under both FIDIC Yellow Book (YB) and Silver Book (SB) (edition 1999), if the Engineer (YB) / Employer (SB) instructs the Contractor based on Sub-Clause 8.6 to provide a revised programme, the acceptance by the Engineer (YB) / Employer (SB) of a revised programme with a completion within Time of Completion entitles the Contractor to a payment of the needed extra costs. Is this statement true or false?

True

False

新問題 28
Applying FIDIC Silver Book (edition 1999), which one of the following elements shallnotform part of the time Programme/revised programme?

The intended order of the works.

The sequence and timing of inspections and tests.

The remedial work (if any) instructed under Sub-Clause 7.6.

Review periods under Sub-Clause 5.2.

新問題 29
Which one of the following claim events does NOT allow profit?

Under the Construction Contract, interference by the Employer with Tests on Completion.

Under the Construction Contract, the Engineer’s delay in supplying drawings or issuing instructions.

Under the Construction Contract, the failure of the Employer to give right of access to the site.

Under the Construction Contract, the relevant authority had unnecessarily delayed the approval.

Under the Plant and Design-Build Contract, errors in the Employer’s requirements.

新問題 30
Which two of the following statements are correct, regarding the Programme under FIDIC Red, Yellow and Silver Books (edition 2017)?
Choose all of the correct answers (multiple possibilities).

The Contractor is required to proceed in accordance with the Programme and the Employer’s Personnel shall be entitled to rely upon the Programme in planning their activities.

Nothing in any Programme will relieve the Contractor from any obligations to give contractual notice under the Conditions of Contract.

The Programme is a contract document, and thus, considered binding on the Parties.

The Engineer/Employer is not required to review the Programme, and also not required to inform the Contractor if the Programme does not comply with the Contract.

新問題 31
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?

The Contractor is not entitled to either of the Claims.

The Contractor is entitled to the Claim for additional costs in relation to the piling, based on errors in the Employer’s Requirement only.

The Contractor is entitled to the Claim for the additional flood wall based on Unforeseeable difficulties only.

The Contractor is entitled to both Claims.

新問題 32
There are four reasons that the Employer/Contractor shall advise in advance each other and the Engineer of any known or future events or circumstances.
Which two of the following statements areNOTapplicable reasons?
(Choose all correct answers – multiple possibilities)

Delay the execution of the Works or a Section.

Decrease the Contract Price.

Adversely affect the work of the Contractor’s Personnel.

Increase the performance of the Works when completed.

新問題 33
Which of the following situations form legally binding contracts? (2 correct answers apply) Choose all of the correct answers (multiple possibilities)

The Employer received the Contractor’s Letter of Tender and issued a Letter of Intent.

The Employer and the Contractor signed the Contract Agreement.

The Employer received the Contractor’s Letter of Tender and issued a conditional Letter of Acceptance.

The Employer received the Contractor’s Letter of Tender and issued Letter of Acceptance.

新問題 34
Under the FIDIC Red Book (edition 1999): the Contractor submitted Final Statement in accordance with the Contract and the Contractor wants to correct it. Can the Contractor correct the Final Statement?

Yes

No

新問題 35
Under the FIDIC Red, Yellow, and Silver Books (both editions), the Employer has an obligation to give a detailed notice to the Contractor about intended changes that are material to its financial arrangements.

True

False

新問題 36
Under the FIDIC Construction Contract, which one of the following statements is correct?

Payments of a DAB Member’s retainer fee is the sole responsibility of the Contractor.

For an ad-hoc DAB, a retainer fee for each DAB Member must be paid to the Member on the first day of each calendar month.

Payment to DAB Members must be certified by the Employer.

If all persons nominated to serve as members of an ad hoc DAB do not sign a DAB Agreement, an appointing entity can make appointments.

A DAB must give its decision in writing on any dispute when requested by one of the Parties.

新問題 37
You are the Contract Manager of the Engineer for a contract using FIDIC Yellow Book (edition 2017). You are drafting a notice holding the Commencement Date. Which one of the following approaches has the most clear and unambiguous drafting?

I hereby give notice, in accordance with Sub-Clause 8.1 of the Conditions of Contract, the Commencement Date shall be 17 April 2023.

The Contractor is kindly notified that the project shall be started by 17 April 2023.

The commencement date of this project under Sub-Clause 8.1 of the Conditions of Contract will be 10 days from 7 April 2023.

I hereby give notice, in accordance with Sub-Clause 1.1.84 and 8.2 of the Conditions of Contract, that the Time for Completion shall commence from 17 April 2023.

新問題 38
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?

Letter of Acceptance

Letter of Intent

Memorandum of understanding

Letter of Intent & Memorandum of understanding