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Medical Professional Certified Case Manager Certification Exam (CCM) Sample Questions (Q72-Q77):

NEW QUESTION # 72
A new important feature of the FIDIC Yellow and Silver Books (edition 2017) is the inclusion of the default position that the Works or relevant part of the Works designed by the Contractor shall be fit for their ordinary purposes. Is this statement true or false?

A. True
B. False

Answer: A

Explanation:
This statement is true. The FIDIC Yellow and Silver Books (2017 editions) include a clear provision that the Works, or the parts designed by the Contractor, must be fit for their ordinary purposes, reflecting the Contractor's responsibility for design and performance. This introduces an express fitness-for-purpose obligation, which was less explicit in earlier editions.
This provision clarifies risk allocation related to design liability, ensuring that the Contractor is accountable for the fitness of the designed works unless otherwise specified.
References:
FIDIC Yellow and Silver Books 2017 Edition, Sub-Clause 4.1 - Contractor's General Obligations FIDIC Contract Manager Study Guide, Module on Legal Obligations and Fitness for Purpose

NEW QUESTION # 73
Which of the following obligations are relevant to the Engineer ' s roles with regards to insurance? [2017 Edition] (2 correct answers apply) Choose all of the correct answers (multiple possibilities).

A. The Engineer is entitled to take out an insurance on behalf of the Contractor, in case the Contractor fails to extend the validity of a specific insurance.
B. The Engineer shall immediately suspend all construction activities at the Site, in case the Contractor failed to take out any necessary insurance.
C. The Engineer shall receive a copy of the evidence(s) demonstrating Contractor ' s payment of the necessary insurance premiums.
D. The Engineer should continuously monitor that the Contractor ' s insurance policies are kept valid, and extensions are duly arranged, when necessary.

Answer: C,D

Explanation:
Option A is correct: The Engineer is entitled to receive evidence that the Contractor has paid for the necessary insurance policies.
Option C is correct: The Engineer has the role of monitoring the validity of these insurances and ensuring that renewals or extensions are arranged in a timely manner.
Option B is incorrect; the Engineer does not have the authority to take out insurance on behalf of the Contractor.
Option D is incorrect; suspension of construction activities is not automatically the Engineer's role for insurance lapses but may require instructions from the Employer.
References:
FIDIC Red, Yellow, Silver Books 2017 Edition, Sub-Clause 18 - Insurances FIDIC Contract Manager Study Guide, Module on Contract Administration and Insurance

NEW QUESTION # 74
Which of the following FIDIC contract forms require certification in the payment process? (2 correct answers apply) Choose all of the correct answers (multiple possibilities).

A. FIDIC Conditions of Contract for Plant and Design Build ( " Yellow Book " ).
B. FIDIC Conditions of Contract for EPC/Turnkey Projects ( " Silver Book " ).
C. FIDIC Conditions of Contract for Construction ( " Red Book " ).

Answer: A,C

Explanation:
Options A and B are correct: Both the Red and Yellow Books require the Engineer to certify payments before the Employer pays the Contractor.
Option C (Silver Book) typically places the risk on the Contractor and often provides for payment without Engineer certification, reflecting the turnkey nature of the contract.
References:
FIDIC Red and Yellow Books 1999 & 2017 Editions, Clauses on Payment Certification FIDIC Silver Book 1999 & 2017 Editions - Payment Provisions FIDIC Contract Manager Study Guide, Module on Payment Procedures

NEW QUESTION # 75
Regarding the FIDIC Red Book (edition 1999), which two statements are true?

A. A notice and other communications may be delivered by hand, courier and mail. In each case with proof of receipt is required to qualify as legally valid.
B. In emergency situations notices can also be submitted verbally (rather than (also) in writing).
C. A notice is to be signed by the Engineer, Contractor's Representative or Employer's Authorised Representative.
D. Notices and other communications may be sent in hand written, type written, in print or through an electronic original transmission system.

Answer: B,D

Explanation:
Comprehensive and Detailed Explanation:
Option A is true: In emergencies, verbal notices are permitted with the requirement to follow up in writing.
Option D is true: Notices and communications may be sent in various formats including handwritten, typed, printed, or electronic systems.
Option B is incorrect; a notice does not necessarily have to be signed by all these representatives; it depends on the party issuing the notice.
Option C is incorrect; proof of receipt is ideal but not always strictly required for legal validity depending on contract provisions.
References:
FIDIC Red Book 1999 Edition, Sub-Clause 1.3 - Communications and Notices FIDIC Contract Manager Study Guide, Module on Contract Communication

NEW QUESTION # 76
Which two statements are correct regarding the FIDIC Red Book (edition 2017)?

A. In some cases, if a certain information is not provided in the Contract Data, the relevant Sub-Clause shall not be applicable.
B. 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.
C. Words and expressions stated in Sub-Clause 1.1 Definitions do not apply in respect of Specifications and Drawings.
D. Contract Data contains information which is required by certain Sub-Clauses in the General Conditions.

Answer: A,D

Explanation:
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

NEW QUESTION # 77
......

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