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Medical Professional CCM Exam Syllabus Topics:

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

1. Which one of the following statements regarding drafting contracts based on FIDIC Books is correct?

A) Amending clauses, supposedly in the interest of the Employer, immediately nullifies all the advantages of standardization, and almost invariably introduces conflicting or ambiguous requirements on the parties, and often causes mistrust between them.
B) People who draft contracts should, when preparing a new contract, always start with the question:where do I want to lay the most risks between Employer and Contractor, and does the Employer has the budget to reward Contractors with a high risk apatite?
C) The Form of Contract is chosen by the Contractor and imposed by him on the Employer, who tenders on that basis.
D) The FIDIC Books provide people who draft contracts with great examples on how to draft a good contract model. Furthermore, arrangements from Red, Yellow and Silver Books can be easily mixed to get a good fit for a specific project.

2. A large sewage pump installation has been constructed under the FIDIC Yellow Book (edition 1999). Prior to commencement of the Tests on Completion, the Employer requires the Contractor to issue the Operation and Maintained Manuals. All contract documents are to be drafted in the English language as per Sub-Clause 1.4.
However, the Employer discovers all documents are drafted in a different language: French. The Contractor explains that the territory where the Plant was constructed is a region with French as a second official language, as result of which, this approach is acceptable. This also works for the proposed maintenance company, which is Paris-based. The Employer is surprised and asks you what to do. Select the best fitting advice you should give the Employer.

A) Golden Principle no. 1 states: The duties, rights, obligations, roles and responsibilities of all the Contract Participants must be generally as implied in the General Conditions, and appropriate to the requirements of the project. In this case this means it is appropriate that the Operation and Maintenance Manuals are in French, as the maintenance is based in France.
B) The Employer should check on the Appendix to Tender, Employer ' s Requirements and / or Particular Conditions. There could very well be specific requirements regarding the language in those. If that is not the case, the language of the Contract determined in Sub-Clause 1.4 and the language of the Operation and Maintained Manuals should in this case be English.
C) If French is indeed an official second language of the region where the Plant is built, the Contractor is entitled to deliver the documents in French. The usability in terms of language is not described in Sub- Clause 5.7, so the Employer should accept the Operation and Mantained Manuals in French.
D) As the Contract is written in the English language, Sub-Clause 1.4 dictates that the Operation and Maintenance Manuals should be written in English as well.

3. If defects are identified during the Tests on Completion, which one of the following options is not available to the Parties under the Contract?

A) By giving reasons, the Engineer can refuse to accept the Works until repeated tests have been successfully performed.
B) The Party which is not liable for the cost of rectifying defects can expect the other Party to pay the cost of performing the repeated tests.
C) If the defects do not affect the use of the Works for their intended purpose, the Engineer can issue the Taking-Over Certificate.
D) The Employer can request to take over the Works.

4. (In FIDIC contracts, a number of time limits are included for the Parties and the Engineer to perform various obligations. How are failures to comply with these time limits most typically being dealt with in these forms of contracts? [2017 Edition] (1 correct answer))

A) A Party ' s failure to perform an obligation within the allocated time limit would mean that the Engineer
' s or Employer's decision becomes automatically binding.
B) In these cases, there is a " deemed " outcome if the stakeholder does not take action within the pre-set period of time - all enabling to secure continuity of contractual processes.
C) In all these cases, the stakeholder not performing a required action within the allocated time limit loses all of his/her related rights that he/she otherwise would have in relation to this matter.
D) If a Party fails to perform an obligation within the allocated time limit, then the failing party shall pay damages to the other Party.

5. You are the Contract Manager of the Engineer and person Y is the Contract Manager of the Employer in a construction project under FIDIC 2017 Red Book. The project is late in schedule and Y has issued Employer ' s claim on Delay Damages. You have asked Y to consider whether the Contractor ' s delay to completion is a reflection of cash-flow shortfall from interim payments before making deductions to the Contractor ' s payment. Y replied that even if the Contractor pays Delay Damages to the Employer, the Contractor is still obliged to complete the Works and is not relieved from its duties and obligations. You warned Y of the risks of further reduction of cash-flow by the deduction of Delay Damages from payments. As this could worsen the situation of the Contractor, leading to further delays to the completion of the Works. Who is right?

A) Both you and Y are both correct.
B) Both you and Y are wrong.
C) You are wrong, Y is correct.
D) You are correct, Y is wrong.

Solutions: