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

1. Under the FIDIC Red Book, which one of the following statements is correct for a claim by the Contractor?

A) It is the Employer ' s Representative who must first respond to the claim by the Contractor.
B) The Engineer ' s response to a claim by the Contractor is final and binding upon the Employer.
C) If the Engineer does not make a determination, the Employer and the Contractor are unable to agree to settle an issue that gave rise to a claim.
D) The Employer has the authority to accept a claim by the Contractor, even in the case of the Contractor ' s failure to comply with the notice requirements.
E) The Engineer ' s response to the Contractor ' s submission of detailed particulars that are required by the procedure for claims by the Contractor must include the Engineer ' s final decision on the quantum.

2. 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) 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.
B) 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.
C) 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.
D) 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.

3. 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) You are wrong, Y is correct.
B) Both you and Y are wrong.
C) You are correct, Y is wrong.
D) Both you and Y are both correct.

4. Which one of the following statements regarding drafting contracts based on FIDIC Books is correct?

A) People who draft contracts should, when preparing a new contract, always start with the question:where do I want to lay the most risks between Employer and Contractor, and does the Employer has the budget to reward Contractors with a high risk apatite?
B) Amending clauses, supposedly in the interest of the Employer, immediately nullifies all the advantages of standardization, and almost invariably introduces conflicting or ambiguous requirements on the parties, and often causes mistrust between them.
C) The FIDIC Books provide people who draft contracts with great examples on how to draft a good contract model. Furthermore, arrangements from Red, Yellow and Silver Books can be easily mixed to get a good fit for a specific project.
D) The Form of Contract is chosen by the Contractor and imposed by him on the Employer, who tenders on that basis.

5. Which of the following form a Contractor ' s entitlement, in case the Contractor does not receive an interim payment within the allocated contractual deadline for payment? (2 correct answers apply) Choose all of the correct answers (multiple possibilities).

A) The Contractor is entitled to suspend the works or reduce the rate of progress of the work, after giving a due Notice (21 days) about this intention.
B) Right after the expiry of the payment deadline, the Contractor may terminate the contract.
C) Beyond receiving the financing charges, the Contractor has no further entitlements in such a case.
D) If the payment is not made within the time period required, after the expiry of such period, from the next day onwards, the Contractor is entitled to suspend all his/her activities on Site.
E) In case the Employer paid the Contractor late, the Contractor becomes entitled to receive financing charges applying the % included in the Contract Data (if this is not stated, then applying the percentage as included under the corresponding Sub-Clause).

Solutions: