(In a FIDIC Red Book, the Employer shall have prepared (or have prepared by a design consultant) all the design for the Works. Which of the listed documents form the basis for this design (2 correct answers apply))
A. The Bill of Quantities
B. The Specifications
C. The Breakdown of Lump-Sum
D. Schedule of Subcontractors
E. The form of Contract Agreement
Explanation:
Under the FIDIC Red Book (Conditions of Contract for Construction), the design responsibility lies with the Employer — either prepared in-house or by the Employer's own design consultant. This is what distinguishes the Red Book from the Yellow/Silver Books, where the Contractor carries the design responsibility, driven by the "Employer's Requirements".
Under Sub-Clause 4.11 and 5.1 (design responsibility clauses) of the Red Book, the Employer's design intent and scope of work are communicated to the Contractor primarily through:
B. The Specifications:
These set out the technical requirements, standards, materials, workmanship, and performance criteria that reflect the Employer's design. The Specification is one of the two primary design-carrying documents in a Red Book contract (the other being the Drawings).
A. The Bill of Quantities:
The BOQ is prepared by the Employer (or the Engineer, on the Employer's behalf) based directly on the completed design and Drawings. It itemizes and quantifies the works exactly as designed, meaning it reflects — and is derived from — the underlying design.
Why the others are incorrect:
C. Breakdown of Lump-Sum:
This is a payment/pricing schedule (common in lump-sum contract structures), not a design document.
D. Schedule of Subcontractors:
Relates to subcontracting arrangements and approvals, unrelated to design content.
E. The Form of Contract Agreement:
This is the formal signed agreement binding the parties to the Contract; it incorporates the Contract Documents by reference but does not itself contain design content.
Note:
In practice, the Employer's design under the Red Book is most fundamentally expressed through the Specification and the Drawings together. Since "Drawings" isn't among your listed options here, the Bill of Quantities is the next-best fit as the second answer, since it is a direct numerical expression of the Employer's design once drawings are finalized. If your exam source lists "Drawings" as an option elsewhere, that would replace the BOQ as the more textbook-accurate second answer — worth double-checking against your specific FIDIC CCM study material or the Red Book's General Conditions if you have the exact clause reference handy.
(Under the FIDIC Red and Yellow Books (edition 1999), which two of the following answers are correct regarding the application for Interim Payment Certificates? Choose all correct answers.)
A. The Contractor shall submit a Statement in five copies to the Employer.
B. The statement submitted by the Contractor shall include, if applicable, any amounts to be added for Provisional Sums
C. Each statement must be accompanied (or preceded) by supporting documents, including the progress report specified in Sub-Clause 4.21, for the relevant period
D. The statement submitted by the Contractor shall include, if applicable, any amounts to be added and deducted for Plant and Materials
Explanation:
Under FIDIC 1999 Red and Yellow Books (Sub-Clause 14.3 - Application for Interim Payment Certificates), the contents of the Contractor's monthly statement are explicitly detailed.
Why B is correct:
Sub-Clause 14.3(c) explicitly includes “any amounts to be added and deducted for Provisional Sums under Sub-Clause 13.5”.
Why D is correct:
Sub-Clause 14.3(e) explicitly includes “any amounts to be added and deducted for Plant and Materials under Sub-Clause 14.5” (relating to plant/materials intended for, or delivered to, the Site).
Why the other options are incorrect:
Option A is incorrect:
Sub-Clause 14.3 states that the Contractor shall submit the Statement in six copies (not five) to the Engineer (and addressed to the Engineer, not directly to the Employer as a primary rule of submission).
Option C is incorrect:
While progress reports are mandatory under Sub-Clause 4.21, the strict contractual prerequisite for the monthly statement under standard FIDIC 1999 Sub-Clause 14.3 does not dictate that each statement must be accompanied or preceded specifically by the progress report as an embedded payment condition in that exact phrasing, making options B and D the standard direct inclusions listed under the clause breakdown.
(Which of the following two statements are correct regarding subcontractors under FIDIC Red, Yellow, and Silver Books (edition 2017)? Choose all of the correct answers (multiple possibilities).)
A. The Contractor shall obtain the Engineer’s and the Employer’s prior consent to all Subcontractors
B. If no maximum allowable accumulated value of work subcontracted is stated in the Contract Data, the Contractor shall not be entitled to subcontract the whole of the Works without prior consent of the Engineer
C. The Contractor shall not be responsible for the acts or defaults of any Subcontractor
D. The Contract Data may identify parts of the Works which the Contractor is not entitled to subcontract
Explanation:
Under Sub-Clause 5.2 (Subcontractors) of the FIDIC 2017 Rainbow Suite (Red, Yellow, and Silver Books), the key rules are:
The Contractor shall not subcontract the whole of the Works — this is an absolute prohibition, independent of any stated maximum value.
The Contractor shall be responsible for the acts and defaults of any Subcontractor, its agents, or employees, as if they were the acts or defaults of the Contractor itself.
Consent requirements are differentiated:
No consent is needed for named Subcontractors already identified in the Contract, or for the supply of labour/materials in certain cases.
The Engineer's (not the Employer's) prior consent is required for other proposed Subcontractors.
Why B is correct:
Sub-Clause 5.2 ties the subcontracting limit to whether a maximum accumulated value is stated in the Contract Data. If no such maximum is stated, the general prohibition still applies — the Contractor cannot subcontract the whole of the Works without the Engineer's prior consent. This reflects the safeguard that even absent a specific numeric limit, wholesale subcontracting still requires oversight/consent.
Why D is correct:
The Contract Data (Red/Yellow) or Contract particulars can specifically list parts of the Works that the Contractor is restricted from subcontracting, giving the Employer/Engineer direct control over which critical portions of the work must be performed by the Contractor itself (often key structural, specialized, or sensitive elements).
Why the others are incorrect:
A — Incorrect because consent for Subcontractors is obtained from the Engineer, not jointly from the Engineer and the Employer. The Employer does not have a direct consent role in this clause.
C — Incorrect; this is the reverse of the actual rule. The Contractor remains fully responsible for the acts and defaults of its Subcontractors as if they were its own — subcontracting does not relieve the Contractor of liability under the Contract.
Reference:
FIDIC 2017 (Red/Yellow/Silver Book), Sub-Clause 5.2 – Subcontractors.
The details of all the matters that have been clarified and agreed between the Employer and tenderers during the tender stage are recorded by, for instance, a memorandum of understanding. The Employer may award the contract to the tenderer through a letter of formal acceptance, signed by the Employer. This process is in compliance with which one of the following Golden Principles (GP's)?
A. GP 3
B. GP 1
C. GP 2
D. GPA
Explanation:
Context of the Process:
The scenario describes standard transparent procurement and tendering practices (as outlined in the FIDIC Procurement Procedures Guide). Clarifications and agreements made during tender negotiations are documented (e.g., via a Memorandum of Understanding), leading up to formal contract award via a Letter of Acceptance.
Why GP 1 applies:
The FIDIC Golden Principles (GPs) govern the integrity of the contract structure and processes. Golden Principle 1 (GP 1) states: "The duties, rights, obligations, roles and responsibilities of all the Contract Participants must be generally as implied in the General Conditions, taking into account the particulars of the jurisdiction."
Maintaining a clear, unaltered framework from the tendering stage through the General and Particular Conditions safeguards the core risk-allocation and operational mechanics inherent to FIDIC contracts, aligning directly with GP 1's intent to keep the fundamental rights and obligations intact.
Why other options are incorrect:
GP 2: Focuses on ensuring Particular Conditions are drafted clearly and unambiguously.
GP 3: Focuses on ensuring Particular Conditions do not change the balance of risk/reward allocated in the General Conditions.
GPA: A distractor, referring externally to agreements like the WTO Government Procurement Agreement rather than a FIDIC Golden Principle.
(Under the FIDIC Red, Yellow, and Silver Books (1999 editions), the Engineer/Employer shall be entitled to withhold from the release of retention money the estimated cost of any work which remains to be executed under Clause 11 (Defects Liability) in the Red Book or under Clause 12 (Tests after Completion) in the Yellow and Silver Books. Is this statement true or false?)
A. True
B. False
Explanation:
Under Sub-Clause 14.9 [Payment of Retention Money]
The 1999 editions provide that when the retention money becomes due for release, the Employer/Engineer may withhold certification of the estimated cost of work that remains to be executed.
The wording differs slightly by book:
Red Book 1999: If work remains to be executed under Clause 11 [Defects Liability], the Engineer is entitled to withhold certification of the estimated cost of that work until it has been executed.
Yellow Book 1999: If work remains under Clause 11 [Defects Liability] or Clause 12 [Tests after Completion], the Engineer may withhold certification of the estimated cost until that work has been executed.
Silver Book 1999: The same principle applies under Sub-Clause 14.9 [Payment of Retention Money], covering remaining work under Clauses 11 and 12.
Why this matters
The purpose is to prevent the full retention amount from being released when there is still contractual work outstanding. The amount withheld is tied to the estimated cost of the remaining work, and it is released once that work has been executed.
Exam Reference
FIDIC 1999 Editions → Sub-Clause 14.9 [Payment of Retention Money]
Book Relevant outstanding work
Red Book 1999 Clause 11 – Defects Liability
Yellow Book 1999 Clause 11 – Defects Liability + Clause 12 – Tests after Completion
Silver Book 1999 Clause 11 – Defects Liability + Clause 12 – Tests after Completion
Final Answer: A. True ✅
Exam tip: When you see “retention money + work remains to be executed + estimated cost”, think Sub-Clause 14.9 of the 1999 FIDIC forms.
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 Construction ("Red Book").
B. FIDIC Conditions of Contract for Plant and Design Build ("Yellow Book").
C. FIDIC Conditions of Contract for EPC/Turnkey Projects ("Silver Book").
Explanation:
Why they're correct — the certification mechanism:
Both the Red Book (Construction, 1999) and Yellow Book (Plant and Design-Build, 1999) are built around an independent "Engineer", appointed and paid by the Employer but required to act neutrally between the parties when making certain determinations.
Sub-Clause 14.3 "Application for Interim Payment Certificates" — the Contractor submits a monthly Statement to the Engineer.
Sub-Clause 14.6 "Issue of Interim Payment Certificates" — the Engineer must, within 28 days, issue an Interim Payment Certificate (IPC) stating the amount the Engineer "fairly considers to be due."
Sub-Clause 14.7 "Payment" — the Employer is contractually bound to pay the certified amount within the stated period.
Sub-Clause 3.5 "Determinations" — underpins the Engineer's duty to act fairly when certifying.
So payment in these two books flows through a formal, third-party certification step — the Engineer's certificate — before the Employer's payment obligation crystallises. The same logic applies to the Final Payment Certificate under Sub-Clause 14.13.
Reference:
FIDIC Conditions of Contract for Construction ("Red Book"), 1999 Edition, Sub-Clauses 14.3, 14.6, 14.7, 14.13, 3.5; FIDIC Conditions of Contract for Plant and Design-Build ("Yellow Book"), 1999 Edition, Sub-Clauses 14.3, 14.6, 14.7, 14.13, 3.5.
Incorrect: C (Silver Book)
Why it's wrong — no independent Engineer, no certificate:
The Silver Book (EPC/Turnkey Projects, 1999) is deliberately structured without an independent Engineer. It's designed for privately-financed, high risk-transfer projects (e.g., BOT/BOOT schemes) where the Employer wants direct control and the Contractor carries most of the risk, including design responsibility.
Key structural differences confirming no certification step:
Sub-Clause 14.3 in the Silver Book is titled "Application for Interim Payments" (not "...Payment Certificates" as in Red/Yellow) — the Contractor applies directly to the Employer.
There is no Sub-Clause equivalent to "Issue of Interim Payment Certificates." The Employer (or an Employer's Representative acting on the Employer's behalf, not as an impartial certifier) reviews the application and pays what it considers due.
Where the Employer disagrees with the amount claimed, this is resolved via Sub-Clause 3.5 [Determinations] — but by the Employer's Representative, who is explicitly not required to act as an independent certifier the way the Engineer is under the Red/Yellow Books.
This absence of independent certification is a well-recognised risk factor for Contractors under the Silver Book, since there's no neutral third party checking the Employer's payment decisions — one of the reasons the Silver Book is considered the most Employer-favourable (and Contractor-risky) of the three main 1999 forms.
Reference:
FIDIC Conditions of Contract for EPC/Turnkey Projects ("Silver Book"), 1999 Edition, Sub-Clauses 14.3, 14.7, 3.5.
Which one of the following claim events does NOT allow profit?
A. Under the Construction Contract, interference by the Employer with Tests on Completion.
B. Under the Construction Contract, the Engineer's delay in supplying drawings or issuing instructions
C. Under the Construction Contract, the failure of the Employer to give right of access to the site
D. Under the Construction Contract, the relevant authority had unnecessarily delayed the approval
E. Under the Plant and Design-Build Contract, errors in the Employer's requirements
Explanation:
Under the FIDIC Red Book 1999, a claim arising from a delay by a relevant authority does not entitle the Contractor to profit. While the Contractor may be entitled to an extension of time and possibly Cost (under certain conditions), the Red Book's compensation structure for authority-related delays is limited to Cost only, excluding profit.
Why the Other Options Are Incorrect (They Do Allow Profit)
The following claim events under the FIDIC Red Book and Yellow Book do entitle the Contractor to claim Cost plus reasonable profit:
A. Interference by the Employer with Tests on Completion
Red Book Sub-Clause 10.3 expressly provides that if the Contractor suffers delay and/or incurs Cost as a result of the Employer's interference, the Contractor is entitled to Cost plus reasonable profit.
B. Engineer's Delay in Supplying Drawings or Instructions
Red Book Sub-Clause 1.9 provides that the Contractor is entitled to Cost plus reasonable profit when the Engineer fails to issue drawings or instructions within a reasonable time.
C. Employer's Failure to Give Right of Access to the Site
Red Book Sub-Clause 2.1 entitles the Contractor to Cost plus reasonable profit if the Employer fails to give access to the site within the required time.
E. Errors in the Employer's Requirements (Yellow Book)
Yellow Book Sub-Clause 1.9 explicitly provides that the Contractor is entitled to Cost plus reasonable profit where errors in the Employer's Requirements result in delay and Cost.
(Which two statements are correct for the FIDIC Red Book (edition 2017)? Choose all of the correct answers (multiple possibilities).)
A. The Contract includes the General Conditions and Particular Conditions, and no other documentation
B. Conditions of Contract means these General Conditions as amended by Particular Conditions
C. Contract Data is part of General Conditions of Contract
D. Contract Agreement, Letter of Acceptance and Letter of Tender are part of the Contract
Explanation:
B is correct
Under Sub-Clause 1.1 of the FIDIC Red Book 2017 (Second Edition),
“Conditions of Contract” or “these Conditions” means the General Conditions as amended by the Particular Conditions.
The Particular Conditions themselves consist of:
Part A – Contract Data
Part B – Special Provisions
Together, the General Conditions + Particular Conditions form the “Conditions of Contract”.
D is correct
The definition of “Contract” (Sub-Clause 1.1) expressly includes:
the Contract Agreement,
the Letter of Acceptance,
the Letter of Tender,
these Conditions,
the Specification,
the Drawings,
the Schedules, and
any further documents listed in the Contract Agreement or Letter of Acceptance.
Thus, Contract Agreement, Letter of Acceptance and Letter of Tender are all constituent parts of the Contract.
Why the other options are incorrect
A is wrong. The Contract comprises far more than just the General Conditions and Particular Conditions (see the full definition of “Contract” above).
C is wrong. Contract Data forms Part A of the Particular Conditions, not part of the General Conditions.
References
FIDIC Conditions of Contract for Construction, Second Edition 2017 (Red Book), Sub-Clause 1.1 (Definitions) – especially the definitions of “Contract”, “Conditions of Contract” / “these Conditions”, and the structure of the Particular Conditions (Part A – Contract Data and Part B – Special Provisions).
Under the FIDIC Red, Yellow, and Silver Books (both editions), the Employer has an obligation to give a detailed notice to the Contractor about intended changes that are material to its financial arrangements.
A. True
B. False
Explanation:
The relevant provision is Sub-Clause 2.4 [Employer’s Financial Arrangements].
The Employer is required to provide information concerning its financial arrangements for fulfilling its payment obligations under the Contract. If the Employer intends to make a material change to those financial arrangements that affects its ability to pay the remaining Contract Price, or is required to make such a change because of its financial situation, the Employer must immediately give Notice to the Contractor with detailed supporting particulars.
Key Elements
Material change to the Employer's financial arrangements
The change affects the Employer's ability to pay
The Employer must give Notice to the Contractor
The Notice must contain detailed supporting particulars
Reference
FIDIC Red, Yellow & Silver Books, Sub-Clause 2.4 [Employer’s Financial Arrangements]
FIDIC confirms that the 2017 Red, Yellow and Silver Books are updated editions of the corresponding 1999 forms.
Exam Tip
Remember the wording:
Material change + financial arrangements + affects ability to pay → immediate Notice + detailed supporting particulars.
Through which two of the following documents may the Employer give information to the Contractor of a planned timetable of meetings such as management meetings, site meetings, technical meetings, and progress meetings? Choose all of the correct answers (multiple possibilities).
A. General Conditions of Contract
B. Specification
C. Special Conditions
D. Employer's Requirements
Explanation:
B. Specification
✔ Correct. The Specification is part of the Contract and may include administrative requirements such as the timetable for meetings (management, site, technical, progress). It provides detailed instructions on how the works are to be carried out, including procedural aspects like meetings.
D. Employer’s Requirements
✔ Correct. In the Yellow and Silver Books, the Employer’s Requirements document is central. It can include not only technical requirements but also administrative provisions such as planned timetables for meetings. This is especially relevant in design-build and EPC/turnkey contexts where the Employer sets out detailed expectations.
Why the Other Options Are Incorrect
A. General Conditions of Contract
✘ Incorrect. The General Conditions set out the overarching contractual framework (rights, obligations, procedures) but do not provide detailed timetables for meetings.
C. Special Conditions (Particular Conditions)
✘ Incorrect. The Particular Conditions amend or supplement the General Conditions but are not typically used to provide detailed timetables for meetings. They focus on tailoring clauses (e.g., governing law, dispute resolution, payment terms).
References
Contract administration — Specification and Employer’s Requirements as sources of procedural detail.
Which one of the following statements is NOT correct in respect of FIDIC Yellow Book (both editions)?
A. The Contract typically becomes legally effective when the Employer issues the Letter of Acceptance to the Contractor.
B. The General Conditions allocate the risks between the parties on a fair and equitable basis.
C. A disproportionate amount of risks is allocated to the Contractor under the General Conditions
D. The Contractor provides plant and designs (except as otherwise specified) and executes the other works, all in accordance with the Contract, which includes its Proposal and the Employer's Requirements
Explanation
Why statement C is NOT correct:
Under standard FIDIC philosophy—including both the 1999 and 2017 editions of the Yellow Book—the General Conditions are carefully drafted to allocate risks between the Employer and the Contractor on a fair and balanced basis (sharing risks based on which party is best able to control or bear them). Claiming that a disproportionate amount of risk is placed on the Contractor describes a non-standard or heavily amended contract (or a Silver Book-style EPC turnkey shift), but it completely contradicts the foundational design principles of the FIDIC Yellow Book General Conditions.
Why the other statements ARE correct:
A is correct: The contract typically comes into legal effect and binds the parties upon the issuance and receipt of the Letter of Acceptance (unless the contract specifies otherwise, such as requiring a contract agreement signature or conditions precedent).
B is correct: The core philosophy of FIDIC General Conditions is a fair and equitable risk-sharing mechanism between Employer and Contractor.
D is correct: Under the Yellow Book, the Contractor is responsible for plant design, engineering, and execution of the works in accordance with the Contract, which incorporates the Employer's Requirements and the Contractor's Proposal.
References
FIDIC Conditions of Contract for Plant and Design-Build (Yellow Book, 1999 & 2017 Editions): Introductory notes, General Conditions preamble, and Guidance for the Preparation of Particular Conditions regarding risk allocation and the principles of the FIDIC suite.
Under the FIDIC Construction Contract, which one of the following statements is correct?
A. Payments of a DAB Member's retainer fee is the sole responsibility of the Contractor.
B. For an ad-hoc DAB, a retainer fee for each DAB Member must be paid to the Member on the first day of each calendar month.
C. Payment to DAB Members must be certified by the Employer.
D. If all persons nominated to serve as members of an ad hoc DAB do not sign a DAB Agreement, an appointing entity can make appointments.
E. A DAB must give its decision in writing on any dispute when requested by one of the Parties.
Explanations
A. Incorrect: The remuneration of DAB members (including retainer and daily fees) is shared equally between the Employer and the Contractor, not made the sole responsibility of the Contractor.
B. Incorrect: An ad-hoc DAB is typically constituted after a dispute has arisen, and unlike a standing DAB, an ad-hoc DAB generally does not receive a monthly retainer fee; they are usually compensated through daily fees and expenses when services are utilized.
C. Incorrect: Payments to DAB members are paid directly by the Parties (each paying their respective share or split evenly) pursuant to the Dispute Adjudication Agreement, rather than being certified as part of the Employer's interim payment certificates for the Works under the Contract.
D. Incorrect: If the Parties fail to agree on the appointment of DAB members, or if nominated members fail to take office, the mechanism relies on the specified appointing entity named in the Contract data (e.g., the President of FIDIC or a designated institution) to make the appointment, but it is governed by strict rules on default nominations rather than a blanket signing fallback.
E. Correct: Under FIDIC dispute resolution clauses, once a dispute is properly referred to the DAB by either Party, the DAB has a contractual duty to review the matter and render its decision in writing to both Parties.
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