CCM Exam Dumps - Certified Contract Manager

Under FIDIC 2017 (Clause 4.4 [Subcontractors]), the Contractor is generally permitted to subcontract parts of the Works, but subject to specific controls and limitations.

Option B is correct. FIDIC expressly provides that the Contractor shall not subcontract the whole of the Works without prior consent of the Engineer. This ensures that the Contractor remains the primary responsible party and does not transfer the entire contractual obligation to others without oversight.

Option D is also correct. The Contract Data may specify certain portions of the Works that cannot be subcontracted, preserving critical elements under the direct responsibility of the Contractor.

Option A is incorrect because only the Engineer’s consent is generally required for subcontracting (not both Engineer and Employer), except in specific cases defined in the Contract.

Option C is incorrect because the Contractor remains fully responsible for the acts, defaults, and neglect of all Subcontractors, as if they were the Contractor’s own actions. This is a fundamental FIDIC principle ensuring a single point of responsibility.

These provisions maintain control, accountability, and quality assurance in project execution while allowing flexibility in subcontracting arrangements.

The Contractor may submit Value Engineering proposals to improve efficiency or reduce costs; however, it is not an absolute contractual obligation to submit such proposals. Also, the preparation of these proposals is generally at the Contractor’s own cost initially. If the proposal is accepted and results in a Variation, then adjustments to the Contract Price may occur, potentially reimbursing the Contractor.

Thus, both statements are false.

FIDIC’s Golden Principles (GPs) guide good contract management and administration. Golden Principle 1 (GP1) emphasizes “Clear communication and documentation” to avoid misunderstandings and disputes. It specifically promotes thorough documentation of all agreements and clarifications reached during the tender process. The use of a memorandum of understanding or similar record ensures transparency and mutual understanding. Furthermore, the formal award of the contract by a signed letter of acceptance aligns with the principle of clear and formal contract formation.

GP1 ensures that all key matters, changes, and agreements are properly documented during the tender phase and contract award to form an unambiguous contractual basis.

GP2 and GP3 relate more to ongoing contract administration, risk management, and dispute resolution rather than the contract formation process.

GPA (Golden Principle A) is not a standard FIDIC term associated with contract formation or tender stage documentation.

Therefore, the described process aligns best with Golden Principle 1 (GP1).

Delay Damages under FIDIC are primarily a pre-agreed measure to incentivize the Contractor to complete works on time rather than full compensation for all losses suffered. They simplify the process by avoiding the need for the Employer to prove actual losses.

Option A is incorrect; Delay Damages are generally not full compensation.

Option C is incorrect because Delay Damages remove the Employer ' s burden to prove actual loss.

Option B is the correct interpretation.

All main FIDIC contract editions contain provisions that allow the Employer or Engineer to propose or instruct the Contractor to employ certain subcontractors (e.g., nominated subcontractors). The Contractor retains the right to refuse such subcontractors only for reasonable cause, which must be communicated formally.

This mechanism protects the Employer’s interests in subcontractor selection while safeguarding the Contractor’s right to reject subcontractors that may not be competent or suitable.

Therefore, the statement is true.

Under FIDIC contracts, when defects are identified during Tests on Completion, the Engineer may still issue the Taking-Over Certificate if the defects do not materially affect the intended use (Option A). The Engineer can refuse acceptance until defects are rectified and tests repeated (Option B). The Employer can also request to take over the works (Option C).

However, Option D is not a standard contractual provision; the contract does not stipulate that the Party not liable for rectifying defects is entitled to payment for repeated tests. Typically, costs of repeated tests due to defects are borne by the liable party.

This statement is true. Under FIDIC Silver Book 1999, Sub-Clause 8.6, the Employer can instruct the Contractor to submit a revised programme to meet the contractual Time for Completion. If, after such instruction, the revised programme still shows the Works will not complete on time, the Employer may claim additional costs (such as delay damages or compensation) due to continued delay.

Thus, the Employer’s right to claim additional costs is contingent on the revised programme not enabling timely completion.

Under FIDIC Red Book 2017, Clause 1.3 [Communications] provides strict and structured requirements governing Notices and other forms of communication. The distinction between a “Notice” and “other communication” is critical because Notices often trigger contractual rights, obligations, and time bars.

Option A is correct because Clause 1.3 expressly requires that a communication intended to be a Notice must be clearly identified as such. This ensures that both Parties understand the formal and legal significance of the communication, particularly where time-sensitive provisions (such as claims under Clause 20) are involved.

Option C is also correct. Clause 1.3 differentiates between Notices and other communications. Where a communication is not a Notice, it should still be clearly identified as another form of communication and, where appropriate, include references to the relevant contractual provision. This promotes clarity, traceability, and proper contract administration.

Option B is incorrect because communications must generally be sent to the addresses stated in the Contract Data unless formally changed by notice. Delivering to an alternative address without proper notification may render the communication invalid.

Option D is incorrect because communications are not limited to the Contractor’s Representative; they must be sent to the designated addresses of the respective Parties as defined in the Contract Data.

Overall, Clause 1.3 reinforces disciplined communication management, which is a cornerstone of effective FIDIC contract administration.