CCM Exam Dumps - Certified Contract Manager

In FIDIC contracts (2017 editions), meetings such as progress or management meetings are key tools for communication and coordination among parties. The contract provisions and practical use reflect flexibility regarding who can request or call for such meetings.

Option A is correct: Both the Contractor and the Engineer can request or call meetings as needed to discuss project progress, issues, or coordination. This promotes proactive communication.

Option B is incorrect (and therefore included in the answer): It is not only the Engineer who can call meetings. The Contractor can also request meetings.

Option C is generally correct: Subcontractors may attend meetings only with the Engineer’s approval or if invited. This controls confidentiality and relevance of discussions.

Option D is incorrect: Only the Employer calling meetings is not correct. The Employer may do so but is not the only party authorized.

Option E is correct: The Engineer typically keeps records (minutes) of progress meetings to document discussions, decisions, and agreed actions. This is essential for contract administration.

Hence, the incorrect statements are B and D.

Under the FIDIC Silver Book 1999, Sub-Clause 3.1 [The Employer’s Representative] provides that the Employer may appoint an Employer’s Representative to act on his behalf. This reflects the optional nature of this role in EPC/Turnkey contracts, where the Employer typically has a more limited involvement compared to Red Book arrangements.

Option B is correct because the contract explicitly allows (but does not mandate) such an appointment. The Employer’s Representative can carry out duties and exercise authority as delegated by the Employer.

Option A is incorrect because while neither the Employer’s Representative nor any other party can unilaterally amend the Contract, this statement is misleading and not specific to the role defined in the Silver Book.

Option C is incorrect because the appointment is not mandatory; the Employer may choose not to appoint a Representative.

Option D is incorrect because the Employer does not need the Contractor’s agreement to appoint an Employer’s Representative. The appointment is at the Employer’s discretion, although it must be notified to the Contractor.

This reflects a key feature of the Silver Book: greater Employer control and flexibility, with fewer administrative layers compared to contracts involving an independent Engineer.

Under the FIDIC Red Book 1999, advance payment is a sum paid to the Contractor to help cash flow early in the project. It must be repaid through deductions from interim payments according to a specified schedule.

Sub-Clause 14.5 (Advance Payment) states that the Contractor must repay the advance payment by installments, typically by the Time for Completion. If the advance payment has not been fully repaid by the Time for Completion, the outstanding balance becomes immediately due and payable by the Contractor (Option A). This ensures the Employer recovers the advance by the time the project completes.

Additionally, upon termination of the Contract (Sub-Clause 15.2 or relevant termination clauses), any outstanding balance of the advance payment becomes immediately due (Option D). This protects the Employer’s financial interest if the Contract ends prematurely.

Option B (before the Performance Certificate is issued) and Option C (before the Taking-Over Certificate is issued) are not explicitly linked in FIDIC Red Book 1999 to triggering immediate repayment of the advance payment. The Taking-Over Certificate marks practical completion and may precede the final repayment schedule, while the Performance Certificate is issued after the Defects Notification Period.

Therefore, the correct situations for immediate repayment of outstanding advance payment balance are before Time for Completion and upon termination of the Contract.

Under FIDIC 2017, Clause 20 introduces a structured and unified claims procedure applicable to both Contractor’s and Employer’s Claims. Claims are categorized broadly into:

Claims for time and/or money (Sub-Clause 20.2), and

Other claims (e.g., disputes or matters under Sub-Clause 20.1(c)).

Option A is correct. The 28-day time bar under Sub-Clause 20.2.1 applies to all claims for time and/or money and is a fundamental procedural requirement. Importantly, unlike FIDIC 1999, this time bar applies equally to both Parties, reinforcing fairness and discipline in claims management.

Option C is also correct. Claims under Sub-Clause 20.1(a) and (b) (typically relating to payment and/or extension of time) are processed under Sub-Clause 20.2, and the Engineer (or Employer’s Representative in the Silver Book) must agree or determine the claim in accordance with Sub-Clause 3.7 (Red/Yellow) or 3.5 (Silver).

Option B is incorrect because claims under 20.1(c) are not handled through Sub-Clause 3.7/3.5 in the same structured determination process as time/money claims.

Option D is incorrect because FIDIC 2017 clearly applies the time bar to both Employer and Contractor claims, which is a key update from earlier editions.

This reflects FIDIC 2017’s emphasis on symmetry, procedural clarity, and proactive claim management.

FIDIC Golden Principle 2 (GP2) emphasizes that Particular Conditions must be drafted clearly, precisely, and without ambiguity, ensuring that any modification to the General Conditions is transparent and easily understood.

Option D directly reflects this requirement. It highlights that any changes to the General Conditions must be explicitly referenced to the relevant Sub-Clauses and must clearly indicate the nature of the modification (addition, replacement, omission, etc.). This approach ensures traceability, avoids confusion, and preserves the contractual clarity essential for proper administration and dispute avoidance.

Options A, B, and C all contradict the Golden Principles by promoting ambiguity or informal modification practices. Allowing inconsistent clarifications, relying on implicit amendments, or incorporating changes via emails without properly integrating them into the Particular Conditions undermines contractual certainty and increases the risk of disputes.

From a contract management perspective, clear drafting of Particular Conditions is critical to maintaining the integrity of FIDIC contracts, ensuring that all Parties have a shared and precise understanding of their rights and obligations.

Thus, Option D best reflects the intent and application of FIDIC Golden Principle 2.