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Mastering Construction & Engineering Contracts (FIDIC 2017 Red Book)
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Managing Construction and Engineering Contracts Training – Assessment & Evaluation
Managing Construction and Engineering Contracts Training - Assessment & Evaluation
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Please tick the correct answer for each of the below questions or statements:
1. Which of these are required elements of a valid contract in South African law Answer: (Select six)
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1. Offer and acceptance
2. Formalities
3. The price must be reasonable
4. Terms and conditions must not be unlawful
5. The agreed performances must be possible
6. The contract must not have been caused by misrepresentation
7. The parties must intend the agreement to be enforceable in law
8. There must be valuable consideration
9. The parties must have a legal status to enter into a contract
2. Does the common law supersede the specific terms contained in a contract?
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1. Yes
2. No
3. Which two are risks when making 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
4. What specific qualification must a person in South Africa have to act as Employers Agent in an GCC contract?
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1. He must be qualified as a project manager
2. There are none specified
3. He must be a registered professional appropriate to the Works
4. Over 18 years old and not insane
5. Can a Employers Agent be a company in an GCC contract?
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1. Yes if it has the right to delegate to an actual person
2. No
3. Yes - but it must appoint an actual person to act on its behalf
6. What is the correct course of action of a Contractor do if it received an instruction from the Employer’s Agent that the Contractor disagrees with?
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comply with the Employer’s Agents on all matters relating to the works.
2. Phone the Employer’s Agent to discuss the matter.
3. Deliver a written dissatisfaction claim to the Employer’s Agent with particulars substantiating the Contractor’s disagreement
7. Which three of the following are roles of the Employer’s Argent?
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1. To amend the Contract on behalf of the Employer
2. To administer the Contract on behalf of the Employer
3. To give instructions and Variation Order’s to the Contracts
4. To certify payments, practical completion and completion
5. To save the employer money
8. What is the Contractor’s agent called?
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1. The Project Manager
2. Construction Manager
3. Site Agent
4. Contractor’s representative
9. What can the Contractor claim under Clause 10.1
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1. Only an extension of time
2. P&G’s and an extension of time
3. It depends on the terms of the specific contract
4. Extensions of time and proven additional costs where any Clause refers the Contractor to clause 10.1
10. 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
11. 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
12. In an GCC contract can a Party refer a dispute directly to court?
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1. Yes when the Party terminates the Contract and sues for Damages
2. No a Party must always first refer the dispute to the ADR processes in the Contract
3. Yes, the contractor can always sue on a payment certificate that is not paid
4. All of the above
5. Only 1 and 3 are correct
13. Does approval of the contractors programme by the Employer’s Agent bind the parties to the programmes provisions? Which two statements are correct?
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1. Yes
2. No
3. It binds the Contractor subject to his other obligations in the Contract
4. No it does not bind the employer
14. Can a variation be instructed by the Employer’s Agent as a site instruction?
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1. Yes
2. No a variation must be in a written order called a Vitiation order?
15. How are Variation Orders valued?
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1. At proven additional costs plus a reasonable profit
2. At the rates in the Pricing Information (Bill or Rates)
3. Based on rates in the Bill
4. All of the above in any sequence
5. In the sequence 2, 3, 1
6. In the sequence 3, 2, 1
7. In the sequence decided by the Employer’s Agent
16. What must the Contactor generally do to get a Certificate of Practical Completion?
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1. Complete the works
2. Request the certificate
3. Comply with Clause 5.14.1
17. What happens if the Employer takes possession of the Works before the Due Completion Date? Which statement is the most correct?
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1. The date of occupation is deemed to be the Due Completion Date
2. Point 1 is only true unless it suites the Contractor’s method of work
18. What is a latent defect? Which statement is most correct
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1. All defects are latent defects
2. Any known defect that cannot be seen
3. An unknown defect in materials or workmanship the a reasonable investigation by a knowledgeable person would not have revealed
19. For how long is the Contractor Liable for latent defects?
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1. For the reasonable lifetime of the Works under the common law
2. Only for latent defects discovered before the end of the GCC latent defects period
20. What, legally, are the defects called that must be remedies during the Defects Notification Period:
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1. Patent defects
2. Defective work
3. Breach of contract
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