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Mastering Construction Contracts – FIDIC, NEC, JBCC, GCC – – Latest Editions – Assessment & Evaluation
Mastering Construction Contracts - FIDIC, NEC, JBCC, GCC - – Latest Editions - Assessment & Evaluation
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Please tick the correct answer for each of the below questions or statements:
Origin and classification of contracts
1. Why are the (latest) FIDIC, NEC, JBCC & GCC contract templates relevant for contractors and built environment professionals?
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1. FIDIC, NEC are widely used internationally and JBCC and GCC in Southern Africa
2. The four suits of templates are legally prescribed for government construction project in South Africa
3. They are all examples of typical commercial terms that can for or be incorporated into construction or building contacts
4. All of the above
2. Which are significant causes of construction disputes?
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1. Acting in breach of or not complying with the terms of the contract
2. Poor communications
3. Poorly drafted claims and/or unsubstantiated claims
4. Parties fail to understand or comply with contractual obligations
5. All of the above
3. Does the common law supersede the specific terms contained in a contract?
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1. Yes
2. No
4. What does bold text in a JBCC contract mean?
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1. Main Option
2. Contract Data
3. Documents identified in the Contract Data
4. Defined terms
5. All of the above
5. Which item is false! Why is a risky to make amendment to standard clauses found in form contracts?
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1. It may result in ambiguities
2. It renders the contract void
3. It may create unintended consequences
4. Amendments are not allowed
Role of Party Agents
6. Which statements are true?
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1. The agent acting for the Employer in a FIDIC contact is called the Engineer
2. The agent acting for the Employer in a GCC (2015) contact is called the Employer’s Agent
3. The agent acting for the Employer in a JBCC contact is called the Principal Agent
4. The agents acting for the Employer in a NEC contact are called the Project Manager and the Supervisor
5. All of the above
7.Can an engineer be a company under the 2017 edition of FIDIC and other contracts?
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1. Yes
2. No
3. Yes - but it must appoint an actual person to act as engineer on its behalf
8. In NEC4, which of the following are correct? The Project Manager or Contractor must give an early warning when either become aware of an event that;
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1. Impacts on the Completion Date
2. Impacts on key dates
3. Impacts on the prices
4. Impacts on the performance of the works
5. Impacts on the Contractor’s Costs
9. In NEC What must an Project Manager do when something is submitted to him for acceptance,
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1. The PM must respond within the period stated in the conditions of contract or the period for reply
2. If the PMs response it not acceptance the PM must give a reason provided in the contract
3. A Notice of No-objection
10. What happens if the engineer (in terms of the 2017 edition of FIDIC) does not respond to a revised program within 14 days of having received it from the contractor?
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1. A Notice of No-objection is deemed to have been issued
2. The contractor must resubmit his program
3. The program is deemed rejected
Claims
11. When, as a general rule, can a contractor claim an extension of time, Cost plus profit in terms of FIDIC contract
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1. Whenever the contract states that the contract is entitled to any additional Cost
2. When the event in question is a breach of contract by the Employer or by the employer’s agents
3. When the event is an Employers risk
4. Profit can never be claimed
12. What can be claimed due to a neutral event?
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1. Only an extension of time
2. P&G’s and an extension of time
3. An extension of time and Costs
4. It depends on the terms of the specific contract
13. What is a time claim called in JBCC
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1. There is no specific term since claims are not defined
2. Compensation events
3. Revision of the date for practical completion
4. Prolongation claims
5. Disruption claims
6. Payment certificate
14. What TWO basic types of claims are there in FIDIC (2017) contracts?
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1. Claims under Sub-Clause 20.1 (a) and (b) by the Contractor or Employer dealt with under Sub-Clause 20.2
2. Time claims under Sub-Clause 8.5
3. Weather conditions
4. Unknown subsurface conditions
5. Claims under Sub-Clause 20.1 (c) by the Contractor or Employer for any other matter NOT dealt with under Sub-Clause 20.2
6. Force majeure
15. In which JBCC contact is the term ‘Interim Completion’ used?
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1. The Principal Building Agreement
2. The Minor Works Agreement
3. The Nominated Selected Subcontract Agreement
4. None of them
Dispute forums
16. What does the acronym ADR stand for?
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1. Arbitration Dispute Resolution
2. Adjudication Dispute Resolution
3. Alternative Dispute Resolution
4. Alternative Dispute Resource
17. Can you refer a dispute to the courts if there is an arbitration clause in your contract?
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1. No
2. Yes
3. Yes if the parties agree
4. Only if the court agrees to hear the matter
18. When can you issue a provisional sentence summons?
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1. When the matter is urgent
2. When the claim is based on a liquid document such as a payment certificate
3. When the matter is unopposed
19. Which of the following are NOT of ADR methods
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1. Litigation
2. Mediation
3. Business rescue proceedings
4. Adjudication
5. Out of court settlement
6. Arbitration
20. What is the forum called that deals with disputes under the 2017 editions of FIDIC contracts?
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1. Expert determination
2. DAB (Dispute Adjudication Board)
3. Adjudication
4. DAAB (Dispute Avoidance and Adjudication Board)
5. International Chamber of Commerce Arbitration Centre
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