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1. Which one of the following statements is NOT correct in respect of FIDIC Yellow Book (both editions)?
A) The Contractor provides plant and designs (except as otherwise specified) and executes the other works, all in accordance with the Contract, which includes its Proposal and the Employer ' s Requirements.
B) A disproportionate amount of risks is allocated to the Contractor under the General Conditions.
C) The Contract typically becomes legally effective when the Employer issues the Letter of Acceptance to the Contractor.
D) The General Conditions allocate the risks between the parties on a fair and equitable basis.
2. Before applying the procurement process of any FIDIC Book, the Employer should always check if there are local procurement rules that also apply. Which one of these responses is correct?
A) Yes, based on the law system, internal governance or type of Employer additional procurement rules can apply.
B) No, because Employers never have specific procurement rules.
C) No, because the FIDIC procurement process is universal.
D) Yes, but this is only applicable for public entities like governments. If the Employer is a private organisation (like a company), they are free to procure how they want.
3. Choose which one statement consists of an example of an unclear and ambiguously drafted Particular Conditions.
A) Provisions of the General Conditions are deleted and replaced in the Particular Conditions solely by the words " not used " .
B) All deletions of a General Conditions are replaced with new Particular Conditions that cover the same scope.
C) The clarifications to the Contract given during the tender period are never to be attached to the Contract, as such clarifications are reflected by amending the Particular Conditions.
D) Clarifications to the meaning of tender documents together with answers to tenderers ' inquiries made during the tender period by the Employer should be e-mailed in a Excel table in both PDF and XLS file format.
4. (Which two of the following statements are correct regarding the dayworks under FIDIC Red, Yellow, and Silver Books (both editions)? Choose all correct answers.)
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 only used for remeasurement in the FIDIC Red Book (both editions) only.
D) The dayworks related Sub-Clause is also applicable to other types of works.
5. 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?
A) False
B) True
Solutions:
| Question # 1 Answer: B | Question # 2 Answer: A | Question # 3 Answer: A | Question # 4 Answer: A,B | Question # 5 Answer: B |
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