Medical Professional CCM 問題集

質問 1：
You are the Contract Manager of the Employer for a Data Centre Project using the FIDIC Yellow Book (edition 2017). As a Contract Manager during the procurement stage, you are to explain the difference between Dispute Avoidance and Adjudication Board (DAAB) and other alternative dispute resolutions for this type of project. Which one of the following statements of its explanation is NOT correct?
A. DAAB is to provide for a fair, timely and efficient resolution of Disputes.
B. Avoidance of Disputes on the project and resolution of Disputes at or soon after the time they arise is a two-part role of the DAAB.
C. DAAB provided supports for Parties during arbitration, as a witness to give factual evidence on the background for the DAAB ' s Decision.
D. The function of the DAAB is to remain in place as part of the Parties ' project team to assist both Parties, equally and impartially.
正解：C
解説: (Topexam メンバーにのみ表示されます)

質問 2：
Under the FIDIC Red Book (edition 2017), if the Contractor fails to comply with Site clearance obligation, what two options does the Employer have?
Choose all of the correct answers (multiple possibilities)
A. The Engineer cannot sell or otherwise dispose any remaining items and reinstate the Site at the Contractor ' s Cost.
B. The Employer is entitled to the cost of reinstating, clearing the Site and disposal cost to the extent they exceed the money received from selling the remaining Contractor ' s items on the Site.
C. The Employer may sell or otherwise dispose any remaining items and reinstate the Site at the Contractor ' s Cost.
D. The Employer cannot reinstate and clear the Site and dispose the remaining Contractor ' s items on the Site if the Contractor fails, as this is the Contractor ' s obligation.
正解：B,C
解説: (Topexam メンバーにのみ表示されます)

質問 3：
(What is the maximum period for the Engineer to issue the Notice of Commencement Date?)
A. 84 days
B. 14 days
C. 21 days
D. 42 days
正解：D
解説: (Topexam メンバーにのみ表示されます)

質問 4：
For the FIDIC Red Book (both editions), the Contractor is required to submit a progress report monthly.
When does the Contractor ' s reporting requirement end?
A. At the Date of Completion of the Works (irrespective of whether there is minor outstanding work to be performed).
B. After issuance of the Taking-Over Certificate.
C. Until all outstanding works as stated in the Taking-Over Certificate are completed.
D. After issuance of the Performance Certificate.
正解：C
解説: (Topexam メンバーにのみ表示されます)

質問 5：
Which one answer holds two statements that are both correct with regards to risks and key considerations regarding the Golden Principles?
A. " The Contractor should take advantage of its bargaining power every time possible " AND " Disputes are avoided to the extent achievable, minimised when they do arise, and resolved efficiently. "
B. " The Employer obtains the best value for money " AND " Disputes should be avoided to the extent achievable. "
C. " Only the Employer should be the one to obtain the best value for money " AND " The Contractor
/Subcontractor is paid adequately and timely in accordance with the Contract to maintain its cash flow. "
D. " The Contractor/Subcontractor is paid adequately and in a timely manner in accordance with the Contract to maintain its cash flow " AND " The terms of the Contract are comprehensive and fair to primarily the Employer " .
正解：B
解説: (Topexam メンバーにのみ表示されます)

質問 6：
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. 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.
B. 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.
C. Right after the expiry of the payment deadline, the Contractor may terminate the contract.
D. Beyond receiving the financing charges, the Contractor has no further entitlements in such a case.
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).
正解：B,E
解説: (Topexam メンバーにのみ表示されます)

質問 7：
You are the Contract Manager of the Employer ' s Representative in a Thermal Power Plant Project. The Contract for this project is EPC Turnkey Contract using the FIDIC Silver Book (edition 2017) with a Contract Price of 28 million USD. The Employer ' s Requirements require that: " the Contractor design in accordance with international and national technical regulations, and standards, [etc.] " .
For piling works, the Employer ' s Requirements state that the Contractor will design according to a specific national standard for piling works NTS-PW-01. After all piles for the jetty have been installed, a pile load test on lateral bearing capacity shows that actual lateral bearing capacity is much lower than the calculated lateral bearing capacity. It was later revealed by the Technical Standard Committee that there was a typo mistake during preparation of the NTS-PW-01 (translated from a foreign standard). The lateral bearing capacity of installed piles had been substantially overestimated as a result of this typo. Contractor submits a claim for
200,000 USD regarding extra costs for installing additional piles as a result of errors in the Employer ' s Requirements.
In the hydrological information of Site Data provided by the Employer, the annual high water level is 4.0m.
However, during the design stage, with updated data from local stations along the rivers, the Contractor found out there was a mistake in the calculation. The annual high water level should be 4.5m. As a result, the Contractor has to design and build additional flood walls along the river to protect the Plant from flooding.
The Contractor claims an amount of 300,000 USD to construct the flood wall, based on Unforeseeable difficulties.
As the Employer ' s Representative, after you have consulted with both Parties but failed to reach agreement, you will make a fair determination of the Claims of the Contractor.
In your " Notice of the Employer ' s Representative ' s determination " , what is your determination for the Contractor?
A. The Contractor is entitled to the Claim for the additional flood wall based on Unforeseeable difficulties only.
B. The Contractor is entitled to the Claim for additional costs in relation to the piling, based on errors in the Employer ' s Requirement only.
C. The Contractor is not entitled to either of the Claims.
D. The Contractor is entitled to both Claims.
正解：D
解説: (Topexam メンバーにのみ表示されます)

質問 8：
You are the Contract Manager for the Engineer in a hospital project using FIDIC Yellow Book (edition 2017).
The Employer demands perfection in the project ' s design and construction quality. There are many Variations initiated by the Employer during design and construction. Which one of the following is considered to be a valid Variation?
A. The Engineer requests a proposal regarding a change in type of windows and doors. The Contractor submitted the proposal accordingly to the Engineer. The Engineer instructs the Variation.
B. The Contractor submits a Value Engineering proposal regarding the lighting system for the operation rooms. The Engineer is positive about the proposal and tells the Contractor they need to look into it.
C. The Employer verbally instructs a change in the type of doors. The Engineer issued a Notice describing the required change and denying any costs for the Contractor.
D. The Engineer instructs a change in slopes of the access road to the intensive care unit to meet the Employer ' s Requirement. The Engineer does so with a Notice in accordance with Sub-Clause 3.5.
正解：D
解説: (Topexam メンバーにのみ表示されます)

質問 9：
(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. 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.
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. 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.
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.
正解：D
解説: (Topexam メンバーにのみ表示されます)