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CCM Exam Lab Questions & CCM Reliable Exam Dumps

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Medical Professional Certified Case Manager Certification Exam (CCM) Sample Questions (Q137-Q142):

NEW QUESTION # 137
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 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.
C. 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.
D. 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.

Answer: A

Explanation:
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

NEW QUESTION # 138
Under the FIDIC Red, Yellow, and Silver Books (edition 2017), if a Dispute is referred to the Dispute Avoidance and Adjudication Board (DAAB) to obtain its decision, the Parties shall suspend performing their obligations in accordance with the Contract, until they receive further directions from the DAAB. Is this statement true or false?

A. True
B. False

Answer: B

Explanation:
The statement is false. Under FIDIC 2017 editions, the referral of a dispute to the DAAB does not automatically suspend the Parties' contractual obligations. The works and contract performance generally continue while the dispute is adjudicated, unless otherwise agreed or ordered.
Suspension of obligations can disrupt project progress and is not encouraged by FIDIC procedures, which emphasize dispute resolution without delaying the work.
References:
FIDIC Red, Yellow, and Silver Books 2017 Edition, Clause 21 - Disputes and Adjudication FIDIC Contract Manager Study Guide, Module on Dispute Resolution

NEW QUESTION # 139
(Golden Principle 2 states that " The Particular Conditions must be drafted clearly and unambiguously. " Which statement best underlines this Golden Principle in relation to the FIDIC Red, Yellow, and Silver Books (both editions)?)

A. Clarifications to the meaning of tender documents together with answers to tenderers' inquiries made during the tender period by the Employer can be inconsistent. If Sub-Clause 1.5 does not provide for the right order, this Sub-Clause can be amended explicitly or implicitly, and this can be done through any of the documents mentioned in Sub-Clause 1.5.
B. Modifications made to the Conditions of Contract during tender negotiations that were only documented in emails between the Parties can be part of the Contract as long as those emails are subsequently included in the List of Contract documents. In such a case, it is not necessary to incorporate those modifications in, for instance, the Particular Conditions.
C. When clarifications are given during the tender period, which might impact several general conditions, it is not necessary to amend all these conditions through the Particular Conditions or to consider which exact general conditions require amendment, as such clarifications are deemed to be self-explanatory.
D. In the Particular Conditions, all changes to the General Conditions must be clearly identified by reference to specific Sub-Clause numbers. Additionally, the Particular Conditions Sub-Clauses must clearly indicate the relationship between the newly introduced text and the corresponding General Conditions Sub-Clauses' original text, e.g., addition, omission, replacement, or amendment.

Answer: D

Explanation:
FIDIC Golden Principle 2 (GP2) emphasizes that Particular Conditions must be drafted clearly, precisely, and without ambiguity, ensuring that any modification to the General Conditions is transparent and easily understood.
Option D directly reflects this requirement. It highlights that any changes to the General Conditions must be explicitly referenced to the relevant Sub-Clauses and must clearly indicate the nature of the modification (addition, replacement, omission, etc.). This approach ensures traceability, avoids confusion, and preserves the contractual clarity essential for proper administration and dispute avoidance.
Options A, B, and C all contradict the Golden Principles by promoting ambiguity or informal modification practices. Allowing inconsistent clarifications, relying on implicit amendments, or incorporating changes via emails without properly integrating them into the Particular Conditions undermines contractual certainty and increases the risk of disputes.
From a contract management perspective, clear drafting of Particular Conditions is critical to maintaining the integrity of FIDIC contracts, ensuring that all Parties have a shared and precise understanding of their rights and obligations.
Thus, Option D best reflects the intent and application of FIDIC Golden Principle 2.

NEW QUESTION # 140
Which of the following documents form part of a FIDIC Construction Contract [ " Red Book " (1999)], hence, to be drafted and included among the Tender Documents? (2 correct answers apply) Choose all of the correct answers (multiple possibilities).

A. Schedule of Guarantees
B. Schedule of Baselines
C. Bill of Quantities
D. Employer ' s Requirements
E. Specifications

Answer: C,E

NEW QUESTION # 141
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 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.
B. 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.
C. 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.
D. 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.

Answer: D

Explanation:
In FIDIC Yellow Book (1999), the Contractor is responsible for scrutinizing the Employer ' s Requirements per Sub-Clause 5.1 and must notify any discrepancies or errors. However, passing this obligation to a Subcontractor, and requiring the Subcontractor to indemnify the Contractor for errors or defects arising from the Employer ' s Requirements or the Contractor ' s design, unfairly shifts risk and liability to the Subcontractor. The Subcontractor is likely not in a position to fully review or control the Employer's Requirements or the overall Contractor's design. This exposes the Subcontractor to excessive risk, beyond their scope and capacity.
Advice C highlights that the Subcontractor becomes vulnerable to claims for design defects outside their control. This misallocation of risk is generally not recommended and can be challenged during contract negotiation. Good contract management practice and risk allocation principles (FIDIC Contract Manager Study Guide, Module on Claims and Dispute Resolution) support this position.
While Options A, B, and D propose different approaches, only C correctly identifies the fundamental contractual and risk management issue that should prevent the Subcontractor from entering the contract as is.
References:
FIDIC Yellow Book 1999, Sub-Clause 5.1 - Contractor's General Obligations FIDIC Contract Manager Study Guide, Module on Claims and Dispute Resolution FIDIC Contract Manager Study Guide, Module on Risk Management

NEW QUESTION # 142
......

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CCM Reliable Dumps Sheet - CCM Exam Lab Questions

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CCM Exam Lab Questions & CCM Reliable Exam Dumps

Medical Professional Certified Case Manager Certification Exam (CCM) Sample Questions (Q137-Q142):

Pass Guaranteed Quiz Medical Professional - The Best CCM - Certified Case Manager Certification Exam (CCM) Reliable Dumps Sheet

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