100%更新されたのはMedical Professional CCM限定版PDF問題集 [Q44-Q64]

100%更新されたのはMedical Professional CCM限定版PDF問題集

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質問 # 44
Which two statements are correct regarding the FIDIC Red Book (edition 2017)?

• A. Contract Data contains information which is required by certain Sub-Clauses in the General Conditions.
• B. Words and expressions stated in Sub-Clause 1.1 Definitions do not apply in respect of Specifications and Drawings.
• C. There is never a difference in effect whether in the Particular Conditions when the term " Works " is used, or when the term " works " is used.
• D. In some cases, if a certain information is not provided in the Contract Data, the relevant Sub-Clause shall not be applicable.

正解：A、D

解説：
Option B is correct: The Contract Data provides information required by specific Sub-Clauses in the General Conditions to complete the contract.
Option D is correct: If required data is missing in the Contract Data, some Sub-Clauses may not apply.
Option A is incorrect; definitions generally apply throughout the contract including Specifications and Drawings.
Option C is incorrect; case sensitivity of terms can affect contractual meaning.
References:
FIDIC Red Book 2017 Edition, Sub-Clause 1.1 - Definitions and Contract Data FIDIC Contract Manager Study Guide, Module on Contract Documents

質問 # 45
Under the FIDIC Red and Yellow Books (edition 1999), which two of the following statements are correct regarding the issuance of Interim Payment by the Engineer?
(Choose all correct answers - multiple possibilities)

• A. If the Employer considers itself entitled to claim against the Contractor, notice and particulars must first be submitted under Sub-Clause 2.5. The Employer's entitlement is then to be agreed or determined by the Engineer, and then, incorporated as a deduction in a Payment Certificate.
• B. The Employer is not bound by the Certificate issued by the Engineer.
• C. The Employer is bound by the Certificate issued by the Engineer, and must make payment in full, except for any compensation arising from any claim which the Employer may have against the Contractor.
• D. The Employer is bound by the Certificate issued by the Engineer and must make payment in full, irrespective of any entitlement to compensation arising from any claim which the Employer may have against the Contractor.

正解：A、C

解説：
Under the FIDIC Red Book and Yellow Book, 1999 editions, the Engineer issues Interim Payment Certificates certifying the amounts due to the Contractor for completed works and materials on site (Sub- Clause 14.6). The Employer is generally bound by the Payment Certificate and must pay accordingly, except where there is a lawful set-off or compensation claim against the Contractor.
Option A is correct because the Employer must pay the amount certified except for compensation claims that may be offset against the payment (Sub-Clause 14.6).
Option D is also correct: If the Employer intends to claim against the Contractor (e.g., for damages or defects), it must notify the Contractor under Sub-Clause 2.5 and provide particulars. The Engineer then assesses and decides on the claim and incorporates any agreed deductions into the Payment Certificate.
Option B is incorrect because the Employer is indeed bound by the Payment Certificate unless lawful deductions or disputes arise.
Option C is incorrect as the Employer can withhold amounts due for compensation claims once these are properly notified and substantiated.
References:
FIDIC Red and Yellow Books, 1999 Edition, Sub-Clause 14.6 - Interim Payments FIDIC Red and Yellow Books, 1999 Edition, Sub-Clause 2.5 - Employer's Claims FIDIC Contract Manager Study Guide, Module on Payment Procedures and Financial Management

質問 # 46
Which one statement regarding the adjustment of the Contract Price as mentioned in Sub-Clause 13.8 of FIDIC Silver Book (edition 1999) is correct?

• A. If the Contract Price is to be adjusted for rises and falls in the cost of labour, the Contractor is entitled to compensation in such a way that all rises and falls in the costs are compensated fully.
• B. The Particular Conditions can provide a calculation method or refer to a specific set of index for adjustments following Sub-Clause 13.8. This can result in lower adjustments of the Contract Price than the actual changes in the costs of labour and/or Goods.
• C. The Particular Conditions can provide a calculation method or refer to a specific set of index for adjustments following Sub-Clause 13.8. Only the Base Date can be taken as the date from which the adjustment should be calculated from.
• D. If Particular Conditions provide a calculation method or refer to a specific set of index for adjustments following Sub-Clause 13.8, it can only apply to rises or falls in the costs of labour and Goods.

正解：B

解説：
Sub-Clause 13.8 of the FIDIC Silver Book (1999) allows the Particular Conditions to specify a formula or indices for adjusting the Contract Price for rises and falls in labour and Goods costs. The method set forth may not fully compensate for actual cost changes - it can be lower than the real fluctuations - reflecting practical and commercial considerations.
Option B is correct because the contract permits this flexibility.
Option A is incorrect; full compensation is not guaranteed.
Option C is incorrect; the adjustment can cover materials and labour but may extend beyond.
Option D is incorrect; adjustments can be calculated from different dates as specified.
References:
FIDIC Silver Book 1999 Edition, Sub-Clause 13.8 - Adjustments for Changes in Cost FIDIC Contract Manager Study Guide, Module on Payment Adjustments

質問 # 47
Under the FIDIC Red, Yellow, and Silver Books (both editions), the Contractor has a contractual obligation to submit a Value Engineering Proposal. Such proposal shall be prepared at the cost of the Employer. Are both these statements true or false?

• A. False
• B. True

正解：A

解説：
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.
References:
FIDIC Red, Yellow, Silver Books 1999 & 2017 Editions, Sub-Clause 13.1 - Value Engineering FIDIC Contract Manager Study Guide, Module on Variations and Value Engineering

質問 # 48
You are the Contract Manager in a highway project using FIDIC Red Book (edition 1999). You work for the Employer- a highway management agency. During the tender period, you are informed of a specific Commencement Date required by the directors of the agency. Which two of the following approaches to inform the tenderers of this date are clearly and unambiguously drafted?
Choose all of the correct answers (multiple possibilities).

• A. Specify Commencement Date in the Minutes of Meeting of Contract Negotiation.
• B. Specify Commencement Date in the Contract Agreement.
• C. Specify Commencement Date in the Particular Conditions.
• D. Inform the Commencement Date to the tenderers by email, and attach that email in the list of Contract Documents.

正解：B、C

解説：
The Commencement Date is a critical contractual milestone that triggers contractual obligations including the start of time for completion. For clarity and enforceability, it must be specified clearly in contract documents forming part of the formal contract. The Contract Agreement (Option B) and the Particular Conditions (Option C) are the standard places to unambiguously specify the Commencement Date.
Minutes of meetings (Option A) or emails (Option D), while useful for informal communication, do not have the legal certainty or binding contractual effect unless expressly incorporated into the contract documents.
Therefore, specifying the Commencement Date solely in meeting minutes or emails is not advised for clarity and risk mitigation.
References:
FIDIC Red Book 1999, Sub-Clause 8.1 - Commencement of Works
FIDIC Contract Manager Study Guide, Module on Contract Formation and Execution

質問 # 49
You are the Contract Manager of the Engineer and person Y is the Contract Manager of the Employer in a construction project under FIDIC 2017 Red Book. The project is late in schedule and Y has issued Employer's claim on Delay Damages. You have asked Y to consider whether the Contractor's delay to completion is a reflection of cash-flow shortfall from interim payments before making deductions to the Contractor's payment. Y replied that even if the Contractor pays Delay Damages to the Employer, the Contractor is still obliged to complete the Works and is not relieved from its duties and obligations. You warned Y of the risks of further reduction of cash-flow by the deduction of Delay Damages from payments. As this could worsen the situation of the Contractor, leading to further delays to the completion of the Works. Who is right?

• A. Both you and Y are wrong.
• B. You are correct, Y is wrong.
• C. You are wrong, Y is correct.
• D. Both you and Y are both correct.

正解：D

解説：
Both statements are correct:
Y is right that payment of Delay Damages does not relieve the Contractor from completing the Works.
You are also correct that excessive deduction of Delay Damages can reduce the Contractor's cash flow, potentially worsening delays.
This situation requires careful balance between enforcing contractual rights and maintaining project progress.
References:
FIDIC Red Book 2017 Edition, Sub-Clause 8.7 - Delay Damages
FIDIC Contract Manager Study Guide, Module on Claims and Cash Flow Management

質問 # 50
Which one of the following statements is NOT correct in respect of FIDIC Red Book (both editions)?

• A. The Contract typically becomes legally effective when the Employer issues the Letter of Acceptance to the Contractor.
• B. The Letter of Tender may be worded by the Contractor (at its discretion) so as to allow for the alternative of the Contract to become effective when the Employer issues a Letter of Acceptance.
• C. The Contract is administered by the Engineer who is appointed by the Employer. If disputes arise, they are referred to a Dispute Adjudication Board (DAB) for its decisions.
• D. The General Conditions allocate the risks between the parties on a fair and equitable basis.

正解：B

解説：
Option A is NOT correct because the wording of the Letter of Tender is usually governed by the tender documents and contract terms; it is not solely at the Contractor ' s discretion to dictate when the Contract becomes effective. The standard process is that the Contract becomes effective upon the Employer's issuance of the Letter of Acceptance.
Options B, C, and D correctly describe standard FIDIC practices.
References:
FIDIC Red Book 1999 & 2017 Editions - Contract Formation and Tendering
FIDIC Contract Manager Study Guide, Module on Contract Formation

質問 # 51
(Regarding the FIDIC Red Book (edition 2017): what two answers provide for requirements regarding a notice and other communication?
Choose all of the correct answers (multiple possibilities).)

• A. If a form of communication does not qualify as a notice but as other communication, it must be identified as such and shall include reference of provision of Contract under which it is issued (if appropriate).
• B. Notices and other communications shall be delivered to the address of the Contractor ' s Representative.
• C. If the recipient ' s address differs from the address stated in the Contract Data, notices and other communications may be delivered to that other correct address.
• D. If a form of communication is to qualify as a Notice, it must be identified as a notice.

正解：A、D

解説：
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.

質問 # 52
(Which two of the following items are new features introduced in FIDIC Red and Yellow Books (edition
2017) in respect to the procedures relating to the Programme?
Choose all of the correct answers (multiple possibilities).)

• A. Submission by the Contractor of a detailed time Programme to the Engineer within 28 days after receiving the notice under Sub-Clause 8.1.
• B. The requirement that any revised programmes to be submitted by the Contractor is to reflect accurately the actual progress of the works.
• C. The requirement to submit a revised programme by the Contractor whenever the previous programme is inconsistent with actual progress.
• D. Specifying the programming software that shall be used by the Contractor in preparation of the Programme.

正解：B、C

解説：
Under FIDIC 2017, Clause 8.3 [Programme] was significantly enhanced compared to the 1999 editions, introducing more detailed and stricter requirements for programme management and updating.
Option A is correct. The 2017 editions explicitly require the Contractor to revise and resubmit the Programme whenever it becomes inconsistent with actual progress. This strengthens proactive project control and ensures that the Programme remains a live and reliable management tool.
Option C is also correct. FIDIC 2017 emphasizes that revised programmes must accurately reflect actual progress and current circumstances, including sequencing, logic, and resources. This aligns with the broader
2017 philosophy of improved transparency and contract administration.
Option B is incorrect because FIDIC does not mandate specifying particular programming software; this remains at the Contractor's discretion unless otherwise stated in Particular Conditions.
Option D is incorrect because submission of a programme within 28 days already existed in FIDIC 1999 (Sub- Clause 8.3), and therefore is not a "new" feature.
These enhancements reflect FIDIC 2017's focus on active project management, early warning, and accurate planning, making the Programme a central tool for monitoring and controlling project performance.

質問 # 53
You are the Contract Manager for the Engineer in a hotel project using FIDIC Red Book (edition 1999). The Employer demands perfection in the project ' s design and construction quality. There are many Variations initiated by the Employer during construction. Which one of the following is NOT considered as a Variation?

• A. The Employer verbally instructs a change in the layout of the rooftop restaurant. The Engineer issued an Instruction describing the required change with revised design drawings.
• B. The Engineer instructs a change in slopes of stairs to the parking lot with an Instruction in accordance with Sub-Clause 3.3.
• C. The Engineer requests a proposal regarding a change in type of windows and doors of the business centre.
• D. The Contractor submits a Value Engineering proposal, in which it proposed to change the colour of the outdoor paint. The Engineer approved the proposal.

正解：D

解説：
Option A is NOT a Variation because it originates from a Value Engineering proposal by the Contractor, not from Employer or Engineer instruction or request.
Options B, C, and D are all variations initiated by the Employer or Engineer.
References:
FIDIC Red Book 1999 Edition, Clause 3 - Variations
FIDIC Contract Manager Study Guide, Module on Variations

質問 # 54
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?

• A. You immediately take action and give the instruction to the supervisor to make sure to cover this finding and till the excavation with material. You then redesign and make a determination (Sub-Clause
  3.5) on a change of the Works - if needed - to make sure the execution can restart within days because of the need to finish this project.
• B. You thank the supervisor for their action. You make sure the Site is secured and ask the Contractor to make an improvised barrier around the Site. You ask the Contractor to appoint its most trustworthy guards to set a perimeter. You inform the Employer and local authorities and you ask the Contractor to send you a notice in writing whereby it requests for a Variation (as this is needed for you to instruct the Contractor), thereby already including a fixed proposal for the costs of the guards and barrier, all in accordance with Sub-Clause 4.24.
• C. You compliment the supervisor for their swift and decisive action. However, the Works should advance as soon as possible. You ask the supervisor to excavate the box further, and place it in the back of your truck. You promise the supervisor you will drive the box yourself to the University in the city nearby, because it is very important to preserve found treasures like this. The Contractor is not entitled to an extension of time, as no delay has been incurred.
• D. You inform the supervisor that given the sensitive nature of the findings, you need a formal and written notice as mentioned in Sub-Clause 4.24 second paragraph, otherwise you cannot give further instructions. You ask them to send it to you as soon as possible, because otherwise you are not able to entitle the Contractor to any extension of time and payment of costs.

正解：B

解説：
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

質問 # 55
Under the FIDIC Construction Contract, which one of the following statements is correct?

• A. If all persons nominated to serve as members of an ad hoc DAB do not sign a DAB Agreement, an appointing entity can make appointments.
• B. For an ad-hoc DAB, a retainer fee for each DAB Member must be paid to the Member on the first day of each calendar month.
• C. Payments of a DAB Member's retainer fee is the sole responsibility of the Contractor.
• D. A DAB must give its decision in writing on any dispute when requested by one of the Parties.
• E. Payment to DAB Members must be certified by the Employer.

正解：D

解説：
Under the FIDIC Conditions of Contract (particularly 2017 editions), the Dispute Adjudication Board (DAB) is a standing or ad hoc body that provides binding decisions on disputes. One key requirement is that the DAB must give its decisions in writing upon request by either Party, ensuring clarity and enforceability.
Option E is correct as the DAB's decision must be documented formally.
Option A is incorrect; the cost of the DAB is generally shared by Employer and Contractor as per the contract.
Option B is incorrect because retainer fees can be paid on different schedules, not necessarily monthly on the first day.
Option C is incorrect; payments to DAB members do not require Employer's certification but are agreed as part of the DAB contract.
Option D is partially true but not a standalone correct statement without additional context.
References:
FIDIC Red, Yellow, Silver Books 2017 Edition, Clause 21 - Disputes and DAB Procedures FIDIC Contract Manager Study Guide, Module on Claims and Dispute Resolution

質問 # 56
Both FIDIC Silver Book (SB) and Yellow Book (YB) (edition 1999) mention the Contractor scrutinising the Employer ' s Requirements. Which statement is correct?

• A. Scrutinising in FIDIC Yellow Book 1999 means that the Contractor has the opportunity after contract close to report on any errors, mistakes or conflicts in the Employer ' s Requirements. In the FIDIC Silver Book 1999 scrutinising provides that obligation during the tender period; Contractor has the opportunity to report on any errors, mistakes or conflicts in the Employer ' s Requirements and for Employer to change it; for after contract closes this is not a duty anymore of Employer.
• B. Scrutinising in FIDIC Yellow Book 1999 and Silver Book 1999 means that the Contractor must ask the Employer to check the Employer ' s Requirements very well to see if the Works can be built on that location according to the Employer ' s Requirements.
• C. Scrutinising in FIDIC Yellow Book 1999 means the same as in FIDIC Silver Book 1999. In both models it means that after the contract closes and before starting the actual making of the design, the Contractor has to read the Employer ' s Requirements very thoroughly and check on any errors, omissions or conflicts.
• D. Scrutinising in FIDIC Silver Book 1999 means that the Contractor should read the Employer ' s Requirements very thoroughly after the contract closes and see if the Employer ' s Requirements is complete or if something is missing.

正解：A

解説：
Option D correctly captures the difference between Yellow and Silver Books (1999):
In the Yellow Book, the Contractor may raise concerns after contract close.
In the Silver Book, the Contractor must scrutinize and report on Employer's Requirements during the tender period, and after contract close this duty lapses.
Other options misunderstand timing or scope of scrutiny.
References:
FIDIC Yellow and Silver Books 1999 Editions, Sub-Clause 4.1 - Contractor's General Obligations FIDIC Contract Manager Study Guide, Module on Employer's Requirements and Scrutiny

質問 # 57
Which of the following statements are not correct?
Choose all of the correct answers (multiple possibilities).

• A. Only the Employer can call for a meeting.
• B. Subcontractors cannot attend management or progress meetings unless the Engineer's approval is obtained.
• C. The Engineer shall keep records of the Progress Meetings.
• D. The Contractor or the Engineer can request a meeting.
• E. Only the Engineer can call for a meeting

正解：A、E

解説：
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 Ais 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 Bisincorrect(and therefore included in the answer): It is not only the Engineer who can call meetings. The Contractor can also request meetings.
* Option Cis generally correct: Subcontractors may attend meetings only with the Engineer's approval or if invited. This controls confidentiality and relevance of discussions.
* Option Disincorrect: Only the Employer calling meetings is not correct. The Employer may do so but is not the only party authorized.
* Option Eis correct: The Engineer typically keeps records (minutes) of progress meetings to document discussions, decisions, and agreed actions. This is essential for contract administration.
Hence, theincorrectstatements areBandD.
References:
FIDIC Red Book 2017 Edition, Sub-Clause 4.28 - Progress Reports and Meetings FIDIC Yellow Book 2017 Edition, similar clauses on meetings and communication FIDIC Contract Manager Study Guide, Module on Communication and Reporting

質問 # 58
Regarding the FIDIC Silver Book (both editions), if a part of the Works is to be paid according to quantity supplied or work done, appropriate provisions must be included in the Particular Conditions. Is this statement true or false?

• A. False
• B. True

正解：B

解説：
This statement is true. The Silver Book (EPC/Turnkey contracts) usually involves lump-sum payment, but if part payment is based on quantity or work done, this must be explicitly provided for in the Particular Conditions to avoid ambiguity.
Such provisions ensure clarity on payment terms in line with project specifics.
References:
FIDIC Silver Book 1999 & 2017 Editions, Sub-Clause 14 - Payment Provisions FIDIC Contract Manager Study Guide, Module on Payment Procedures

質問 # 59
If a FIDIC Red, Yellow, or Silver Book (edition 2017) is applied, in which of the following two cases is the Contractor required to submit a revised programme?
Choose all of the correct answers (multiple possibilities).

• A. To accurately reflect the actual progress of the Works, whenever any Programme ceases to reflect actual progress or is otherwise inconsistent with the Contractor ' s obligations.
• B. To accurately reflect the actual progress of the Works, but only if any Programme ceases to reflect actual progress with at least 42 days.
• C. The Contractor shall revise the Programme only by request from the Engineer or the Employer (in case of FIDIC Silver Book).
• D. Upon a request from the Engineer (under FIDIC Red or Yellow Books) or Employer (under FIDIC Silver Book) notifying it that the Programme fails to comply with the Contract, to a specified extent, or no longer reflects actual progress or is otherwise inconsistent with the Contractor ' s obligations.

正解：A、D

解説：
Option C is correct: The Contractor must revise the programme whenever it no longer accurately reflects progress or obligations.
Option D is correct: The Contractor must also revise the programme upon formal request if it fails contract compliance or progress reflection.
Option A is incorrect; the Contractor has ongoing obligations beyond formal requests.
Option B is incorrect; no 42-day threshold applies in the contract for revision.
References:
FIDIC Red, Yellow, Silver Books 2017 Edition, Sub-Clause 8.3 - Programme FIDIC Contract Manager Study Guide, Module on Programme and Delay Management

質問 # 60
(Which two of the following statements are correct regarding types of Claims under the FIDIC Red, Yellow, and Silver Books (edition 2017)?
Choose all of the correct answers (multiple possibilities).)

• A. If a Claim is submitted as per sub-paragraph (c) of Sub-Clause 20.1, this is dealt with by the Engineer or Employer's Representative (in case of FIDIC Silver Book) as per Sub-Clause 3.7/3.5.
• B. If a Claim is submitted as per sub-paragraphs (a) or (b) of Sub-Clause 20.1, it is dealt with in accordance with Sub-Clause 20.2, which specifically covers claims for time and/or money. Part of the procedure under Sub-Clause 20.2 is for a payment and/or an extension of time-related claim to be agreed or determined by the Engineer/Employer's Representative (in case of the FIDIC Silver Book) in accordance with Sub-Clause 3.7/3.5.
• C. The time bar only applies to Contractor's Claims and not to Employer's Claims.
• D. The limit in time referred to in Sub-Clause 20.2.1 (also known as time bar) applies to all types of Claims.

正解：B、D

解説：
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.

質問 # 61
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

正解：B

解説：
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.
References:
FIDIC Red, Yellow, and Silver Books 1999 and 2017 Editions, Sub-Clause 4.4 - Subcontractors FIDIC Contract Manager Study Guide, Module on Contract Administration Procedures

質問 # 62
If a FIDIC Red, Yellow, or Silver Book (edition 2017) is applied, in which of the following two cases is the Contractor required to submit a revised programme?
Choose all of the correct answers (multiple possibilities).

• A. To accurately reflect the actual progress of the Works, but only if any Programme ceases to reflect actual progress with at least 42 days.
• B. The Contractor shall revise the Programme only by request from the Engineer or the Employer (in case of FIDIC Silver Book).
• C. To accurately reflect the actual progress of the Works, whenever any Programme ceases to reflect actual progress or is otherwise inconsistent with the Contractor's obligations.
• D. Upon a request from the Engineer (under FIDIC Red or Yellow Books) or Employer (under FIDIC Silver Book) notifying it that the Programme fails to comply with the Contract, to a specified extent, or no longer reflects actual progress or is otherwise inconsistent with the Contractor's obligations.

正解：C、D

解説：
Comprehensive and Detailed Explanation:
Option C is correct: The Contractor must revise the programme whenever it no longer accurately reflects progress or obligations.
Option D is correct: The Contractor must also revise the programme upon formal request if it fails contract compliance or progress reflection.
Option A is incorrect; the Contractor has ongoing obligations beyond formal requests.
Option B is incorrect; no 42-day threshold applies in the contract for revision.
References:
FIDIC Red, Yellow, Silver Books 2017 Edition, Sub-Clause 8.3 - Programme FIDIC Contract Manager Study Guide, Module on Programme and Delay Management

質問 # 63
Which one of the following documents constitutes a contract and is considered binding on both parties, when the Employer wants to award the Contract to the tenderer?

• A. Letter of Intent
• B. Letter of Intent & Memorandum of understanding
• C. Memorandum of understanding
• D. Letter of Acceptance

正解：D

質問 # 64
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