FIDIC CCM Practice Test Questions Answers

Under FIDIC Silver Book 2017 (EPC/Turnkey), the Contractor bears extensive risk responsibility, particularly for design, site conditions, and data interpretation. However, there are important exceptions—especially concerning errors in the Employer’s Requirements.

For the first claim (piling works):

The Employer’s Requirements explicitly mandated compliance with a specific national standard (NTS-PW-01), which contained a proven technical error. Under Sub-Clause 1.9 [Errors in the Employer’s Requirements] , the Contractor is entitled to claim additional cost and/or time if it suffers due to such errors. Since the Contractor relied on a prescribed standard, the risk remains with the Employer. Therefore, this claim is valid.

For the second claim (flood wall):

Although the Site Data contained incorrect hydrological information, under the Silver Book (Sub-Clause 4.10 [Site Data]), the Contractor is deemed to have taken full responsibility for interpreting Site Data. The Contractor assumes the risk of inaccuracies unless expressly stated otherwise. Additionally, “Unforeseeable physical conditions” relief is significantly restricted in the Silver Book compared to Red/Yellow Books. Therefore, the Contractor is not entitled to additional payment for this item.

Thus, only the piling-related claim is admissible, making Option B correct.

Delay Damages under FIDIC are primarily a pre-agreed measure to incentivize the Contractor to complete works on time rather than full compensation for all losses suffered. They simplify the process by avoiding the need for the Employer to prove actual losses.

Option A is incorrect; Delay Damages are generally not full compensation.

Option C is incorrect because Delay Damages remove the Employer ' s burden to prove actual loss.

Option B is the correct interpretation.

Option C is correct: The Contractor is obligated to rectify any non-compliance with prevailing standards promptly.

Option D is correct: The Contractor carries responsibility for design fitness and correctness, even if the Engineer has approved or not objected to the design.

Option A is incorrect; Engineer approval does not absolve the Contractor from responsibility for defective design or works.

Option B is not necessarily required; only non-compliant parts need correction, not entire varied works.

Option A is correct: “Notice” is a defined term under FIDIC 2017 Red Book; “Other Communications” is a separate category, also defined but distinct.

Option D is correct: Notices, Notices of Dissatisfaction, and Certificates require delivery to all Parties and the Engineer, whereas other communications may not have such strict requirements.

Option B is incorrect as there are contractual differences.

Option C is partially correct but “Other Communications” and “Notice” are distinct terms, so A is more precise.

Under FIDIC Red Book 2017, Clause 1.3 [Communications] provides strict and structured requirements governing Notices and other forms of communication. The distinction between a “Notice” and “other communication” is critical because Notices often trigger contractual rights, obligations, and time bars.

Option A is correct because Clause 1.3 expressly requires that a communication intended to be a Notice must be clearly identified as such. This ensures that both Parties understand the formal and legal significance of the communication, particularly where time-sensitive provisions (such as claims under Clause 20) are involved.

Option C is also correct. Clause 1.3 differentiates between Notices and other communications. Where a communication is not a Notice, it should still be clearly identified as another form of communication and, where appropriate, include references to the relevant contractual provision. This promotes clarity, traceability, and proper contract administration.

Option B is incorrect because communications must generally be sent to the addresses stated in the Contract Data unless formally changed by notice. Delivering to an alternative address without proper notification may render the communication invalid.

Option D is incorrect because communications are not limited to the Contractor’s Representative; they must be sent to the designated addresses of the respective Parties as defined in the Contract Data.

Overall, Clause 1.3 reinforces disciplined communication management, which is a cornerstone of effective FIDIC contract administration.