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Medical Professional CCM Exam Syllabus Topics:

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

1. Which of the following cases will allow the Employer to claim under the Performance Security? [2017 Edition] (2 correct answers apply) Choose all of the correct answers (multiple possibilities).

A) The Contractor failed to extend the validity of the Performance Security.
B) The Contractor failed to renew the Tender Security.
C) The Employer had submitted a claim under Sub-Clause 20.2.
D) The Engineer had issued instruction to replace part of the Works.
E) The Contractor abandons the Works and the Employer did not issue Notice of termination.

2. (Which two FIDIC Books (edition 2017) should especially be considered for use if the Employer needs the Contractor to take responsibility for the design and execution of the project. The construction will involve substantial work underground or work in other areas which tenderers cannot inspect.
Choose all of the correct answers (multiple possibilities).)

A) Yellow Book
B) Red Book
C) Silver Book without amending Sub-Clause 4.12 in the Particular Conditions
D) Silver Book by amending Sub-Clause 4.12 in the Particular Conditions

3. You are the Contract Manager for the Engineer in a highway project using FIDIC Red Book (edition 1999).
There is a Schedule of cost indexation included in the Contract. The project must be completed by 31 December of this year. If the Contractor fails to complete the Works by then, how will the adjustment of prices take place thereafter?

A) Either the current index/price, or index or price applicable on the date 49 days before the expiry of the Time for Completion of the Works, whichever agreed by Parties.
B) The current index or price.
C) Either the current index/price, or index or price applicable on the date 49 days before the expiry of the Time for Completion of the Works, whichever is more favourable to the Employer.
D) Each index or price applicable on the date 49 days before the expiry of the Time for Completion of the Works.

4. If defects are identified during the Tests on Completion, which one of the following options is not available to the Parties under the Contract?

A) The Party which is not liable for the cost of rectifying defects can expect the other Party to pay the cost of performing the repeated tests.
B) The Employer can request to take over the Works.
C) By giving reasons, the Engineer can refuse to accept the Works until repeated tests have been successfully performed.
D) If the defects do not affect the use of the Works for their intended purpose, the Engineer can issue the Taking-Over Certificate.

5. The Employer has prepared a contract for a waste-to-energy project based on the FIDIC Yellow Book (edition
1999). You are preparing negotiations on behalf of one of the Subcontractors with the Contractor. The main Contractor will manage the design and build of the Works, whereby the Subcontractor will deliver critical systems regarding power generation and cooling. The Contractor intends to contract the main Contract back- to-back with the Subcontractor. In the proposed back-to-back subcontract, the following amendment is proposed through Particular Conditions:
" Sub-Clause 4.4. The following paragraph is added: The Subcontractor is required to scrutinize the Employer
' s Requirements in a manner identical to the obligations of the Contractor as stated in Sub-Clause 5.1 of the Main Contract. The Subcontractor will indemnify and hold harmless (up to the maximum liability of the Subcontractor) the Contractor with regard to any error, fault or other defect found in the Employer ' s Requirements, its items of reference or Contractor ' s design of the Works for the scope part for which Subcontractor is contracted. " What is your advice to the Subcontractor (SC) in regard to entering this proposed subcontract?

A) I would advise the SC not to enter this contract because the Contractor is obliged to act in accordance with good faith. A proposed paragraph like this opposes good faith.
B) I would advise the SC to enter the Contract with the request to the Contractor to delete this amendment in the Particular Conditions. If the Contractor does not agree to do so, at least the Subcontractor has tried its best.
C) I would advise the SC not to enter this contract, because Sub-Clause 4.4 describes the obligations of SC towards Contractor, but this amendment positions the SC in a vulnerable position for claims regarding all errors, faults or other Defects (whether originating from the Employer ' s Requirements or the design of the Contractor). Essentially, this means the SC becomes liable for the design part, which is within the scope of Contractor even without SC having the opportunity to review it.
D) I would advise the SC to discuss this amendment with the insurance company just to be sure there will be no transfer of risks. This amendment is mainly a consequence of the FIDIC Yellow Book structure, where the Contractor has obligations in terms of scrutinizing the Employer ' s Requirements. This amendment makes this obligation more explicit. If the insurance company has no problems with insuring the parts which will be delivered by SC to Contractor, the SC can accept this risk and enter into the subcontract.

Solutions: