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Medical Professional Certified Case Manager Certification Exam (CCM) Sample Questions (Q100-Q105):

NEW QUESTION # 100
(You are the Contract Manager of the Employer ' s Representative in a Thermal Power Plant Project under FIDIC Silver Book (edition 2017). The Contractor submits two claims:
(1) USD 200,000 for additional costs due to an error in national piling standard NTS-PW-01 referenced in the Employer's Requirements.
(2) USD 300,000 for constructing an additional flood wall due to incorrect hydrological data in Site Data (water level miscalculated).
What is your determination for the Contractor?)

Answer: C

Explanation:
Under FIDIC Silver Book 2017 (EPC/Turnkey), the Contractor bears extensive risk responsibility, particularly for design, site conditions, and data interpretation. However, there are important exceptions- especially concerning errors in the Employer's Requirements.
For the first claim (piling works):
The Employer's Requirements explicitly mandated compliance with a specific national standard (NTS-PW-
01), which contained a proven technical error. Under Sub-Clause 1.9 [Errors in the Employer's Requirements]
, the Contractor is entitled to claim additional cost and/or time if it suffers due to such errors. Since the Contractor relied on a prescribed standard, the risk remains with the Employer. Therefore, this claim is valid.
For the second claim (flood wall):
Although the Site Data contained incorrect hydrological information, under the Silver Book (Sub-Clause 4.10
[Site Data]), the Contractor is deemed to have taken full responsibility for interpreting Site Data. The Contractor assumes the risk of inaccuracies unless expressly stated otherwise. Additionally, "Unforeseeable physical conditions" relief is significantly restricted in the Silver Book compared to Red/Yellow Books.
Therefore, the Contractor is not entitled to additional payment for this item.
Thus, only the piling-related claim is admissible, making Option B correct.


NEW QUESTION # 101
(If a Section or Part has been taken-over but the Taking-Over Certificate has not been issued for the Works, the Engineer has the right to instruct a Variation to that Section/Part. Is this statement true or false?)

Answer: B

Explanation:
Under FIDIC Red and Yellow Books (both 1999 and 2017), once a Section or Part of the Works has been taken over by the Employer, even if a formal Taking-Over Certificate has not yet been issued, the practical effect is that the Works (or relevant Section) are considered completed and under the Employer's control.
Clause 13 [Variations and Adjustments] allows the Engineer to instruct Variations only before the Works or a Section are taken over. After taking-over, the Contractor's obligations shift from execution to remedying defects under Clause 11 [Defects Notification Period] . At this stage, the Contractor is no longer required to carry out new work beyond rectification unless separately agreed.
Therefore, once a Section/Part is taken over, the Engineer cannot instruct a Variation to that part of the Works. Any further work would require a separate agreement or contract, not a Variation under Clause 13.
This reflects a key FIDIC principle: Variations relate to the execution phase, not the post-completion (defects liability) phase. Thus, the statement is false.


NEW QUESTION # 102
Under the FIDIC Yellow Book (both editions), the Contract is administered by the Employer (unless it appoints an Employer ' s Representative) who endeavours to reach agreement with the Contractor on each claim. Is this statement true or false?

Answer: B

Explanation:
This statement is true. The Employer administers the contract unless an Employer's Representative or Engineer is appointed to act on its behalf. The Employer (or its Representative) is responsible for reviewing and negotiating claims in good faith with the Contractor to reach agreement, in line with FIDIC procedures.
References:
FIDIC Yellow Book 1999 & 2017 Editions, Clause 3 - Employer's Administration Role FIDIC Contract Manager Study Guide, Module on Contract Administration


NEW QUESTION # 103
During the execution of certain Works under a FIDIC Yellow Book (edition 1999), a Contract in a historical area along the silk route, one of the workers on the excavator shouts out to the supervisor of the Contractor it has discovered something on the Site. The supervisor inspects the finding and concludes this is possibly an ancient treasure in a wooden box. The supervisor sees some golden coins through the cracked lid of the box.
The supervisor immediately stops the execution of the Works, sends the workers away and blocks access to the Site for all persons. Given the sensitive nature of the findings, the supervisor informs you as Engineer.
How do you react?

Answer: B

Explanation:
Comprehensive and Detailed Explanation:
Under FIDIC Yellow Book 1999, Sub-Clause 4.24 ("Unforeseeable Physical Conditions") deals with unexpected discoveries such as archaeological finds. The Engineer's role includes ensuring site safety, notifying the Employer and relevant authorities, and managing the implications through variations.
Option B reflects best practice: securing the site, appointing guards, notifying Employer and authorities, and requesting a formal Variation Notice to cover costs and entitlement to extension of time.
Options A and D are unsafe or legally risky actions that could damage the find and breach legal obligations.
Option C delays the necessary immediate protective actions.
References:
FIDIC Yellow Book 1999 Edition, Sub-Clause 4.24 - Unforeseeable Physical Conditions FIDIC Contract Manager Study Guide, Module on Claims and Variation Management


NEW QUESTION # 104
(Based on Clause 8 in both FIDIC Yellow and Silver Books (edition 1999), is the Contractor allowed to start the design of the Works before the Commencement Date? (1 correct answer applies))

Answer: B

Explanation:
Under FIDIC 1999 (both Yellow Book and Silver Book), Clause 8.1 clearly states that the Contractor "shall commence the design and execution of the Works as soon as is reasonably practicable after the Commencement Date." This clause establishes the formal contractual obligation and timing for starting the Works, but it does not expressly prohibit the Contractor from undertaking preparatory activities-such as preliminary design-before the Commencement Date.
However, any such early design activity is not covered by the contractual protections that apply after the Commencement Date. This means the Contractor proceeds entirely at its own risk. For example, if changes arise due to late Employer requirements, Engineer's instructions, or modifications in the Employer's Requirements, the Contractor cannot automatically claim additional time or cost for rework associated with pre-commencement design.
From a contract management perspective, this reflects a key FIDIC principle: risk allocation follows contractual triggers. Since the Commencement Date activates obligations and entitlements (including EOT and cost claims under Clause 20), activities performed before this date fall outside those mechanisms unless explicitly agreed otherwise.
Therefore, while early design is not forbidden, it is commercially risky, and prudent Contractors typically avoid significant pre-commencement commitments without formal authorization.


NEW QUESTION # 105
......

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