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

1. You are the new Contract Manager of the Contractor in a bridge project using FIDIC Yellow Book (edition
2017). The project had been suspended due to a material change in the Employer ' s financial arrangement.
You have worked with your team to identify several failures of the Employer in carrying its obligations under the Contract. Which one of the following does NOT allow the Contractor to issue Notice to terminate the Contract?

A) A prolonged suspension for more than 1 year has affected the whole of the Works.
B) The Employer failed to comply with a final and binding determination issued by the Engineer, and such failure constitutes a material breach of the Employer ' s obligations under the Contract.
C) The Contractor has requested the Employer but has not received any evidence that the financial arrangement is being maintained, despite having sent a notice thereto 4 months earlier.
D) The Contractor does not receive the amount due under the latest Payment Certificate for more than 4 months after the due date.

2. Towards the end of implementing a varied work (initiated originally by the Contractor as a " Value Engineering Proposal " , relevant designs provided by the Contractor) it turned out, that there is some part of it not complying with the otherwise prevailing standards. Which statements are correct in this situation?
[FIDIC Red Book, 2017 Edition]
Choose all of the correct answers (multiple possibilities).

A) Since the design was approved by the Engineer, the Contractor might not be found responsible for such discrepancy, hence, to be fully compensated.
B) In this situation, the whole of the varied works should be removed, and the original technical content reinstated.
C) The Contractor shall immediately rectify, ensuring, that the varied work fully complies with the prevailing standards.
D) In case it is necessary, the Contractor shall prepare designs for works subject to the Value Engineering, hence, it is up to the Contractor to ensure that the works are fit for the purposes, including that the designs are correct, regardless of any approval or " no-objection " of the Engineer.

3. 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 entitled to the Claim for additional costs in relation to the piling, based on errors in the Employer ' s Requirement only.
B) The Contractor is entitled to the Claim for the additional flood wall based on Unforeseeable difficulties only.
C) The Contractor is entitled to both Claims.
D) The Contractor is not entitled to either of the Claims.

4. A large sewage pump installation has been constructed under the FIDIC Yellow Book (edition 1999). Prior to commencement of the Tests on Completion, the Employer requires the Contractor to issue the Operation and Maintained Manuals. All contract documents are to be drafted in the English language as per Sub-Clause 1.4.
However, the Employer discovers all documents are drafted in a different language: French. The Contractor explains that the territory where the Plant was constructed is a region with French as a second official language, as result of which, this approach is acceptable. This also works for the proposed maintenance company, which is Paris-based. The Employer is surprised and asks you what to do. Select the best fitting advice you should give the Employer.

A) The Employer should check on the Appendix to Tender, Employer ' s Requirements and / or Particular Conditions. There could very well be specific requirements regarding the language in those. If that is not the case, the language of the Contract determined in Sub-Clause 1.4 and the language of the Operation and Maintained Manuals should in this case be English.
B) Golden Principle no. 1 states: The duties, rights, obligations, roles and responsibilities of all the Contract Participants must be generally as implied in the General Conditions, and appropriate to the requirements of the project. In this case this means it is appropriate that the Operation and Maintenance Manuals are in French, as the maintenance is based in France.
C) If French is indeed an official second language of the region where the Plant is built, the Contractor is entitled to deliver the documents in French. The usability in terms of language is not described in Sub- Clause 5.7, so the Employer should accept the Operation and Mantained Manuals in French.
D) As the Contract is written in the English language, Sub-Clause 1.4 dictates that the Operation and Maintenance Manuals should be written in English as well.

5. (Which one of the following statements is correct regarding the Employer ' s Representative under the FIDIC Silver Book (edition 1999)?)

A) The Employer must always appoint an Employer ' s Representative to act on his behalf under the Contract.
B) The Representatives of both the Employer and the Engineer have no authority to amend the Contract at all.
C) The Employer may appoint an Employer ' s Representative to act on his behalf under the Contract.
D) The Employer may appoint an Employer ' s Representative to act on his behalf under the Contract but has to consult the Contractor to agree to this Representative.

Solutions: