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

1. 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) 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.
B) 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.
C) 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.
D) 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.

2. (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 discovers a possible ancient treasure on the Site. The supervisor stops the Works, secures the Site, and informs the Engineer. How should the Engineer react?)

A) You instruct the supervisor to cover the finding and resume the Works immediately, and make a determination later.
B) You compliment the supervisor and ask him to excavate further and personally deliver the treasure to a university. No extension of time is granted.
C) You inform the supervisor that a formal written notice under Sub-Clause 4.24 is required and no further instruction can be given until then.
D) You thank the supervisor, secure the Site, instruct guarding measures, inform the Employer and authorities, and issue a Variation to cover the costs of protection measures.

3. (In FIDIC contracts, a number of time limits are included for the Parties and the Engineer to perform various obligations. How are failures to comply with these time limits most typically being dealt with in these forms of contracts? [2017 Edition] (1 correct answer))

A) If a Party fails to perform an obligation within the allocated time limit, then the failing party shall pay damages to the other Party.
B) In these cases, there is a " deemed " outcome if the stakeholder does not take action within the pre-set period of time - all enabling to secure continuity of contractual processes.
C) A Party ' s failure to perform an obligation within the allocated time limit would mean that the Engineer
' s or Employer's decision becomes automatically binding.
D) In all these cases, the stakeholder not performing a required action within the allocated time limit loses all of his/her related rights that he/she otherwise would have in relation to this matter.

4. 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) The Employer is not bound by the Certificate issued by the Engineer.
B) 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.
C) 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.
D) 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.

5. When is the Employer obliged to return the Performance Security (PS) under the FIDIC Red Book (edition
1999)?

A) Without undue delay after the issuance of the Taking-Over Certificate.
B) Without undue delay after the issuance of the Performance Certificate.
C) Within 21 days after the issuance of the Performance Certificate.
D) Within 21 days after the issuance of the Taking-Over Certificate.

Solutions: