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Mastering Construction & Engineering Contracts (FIDIC 2017 Red Book)
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Mastering Construction and Engineering Contracts (NEC) – Assessment
Mastering Construction and Engineering Contracts (NEC) - Assessment
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Name
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Surname
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Email Address
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Phone No.
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Please tick the correct answer for each of the below questions or statements:
1. May Mr. Thabulani, the NEC Project Manager, notify the Contractor of a Defect?
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Yes, he may
No, this is the responsibility of the Supervisor only
Yes, provided the Supervisor has delegated such responsibility to Mr. Thabulani
2. How many priced contracts are there under the main options contained in the are there ECC contract?
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All of them are priced contracts
2 Only
None
3. Can an early warning serve as a compensation event notice?
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Yes
No
If the Project Manager agrees to treat it as such
4. Can the Contract notify a compensation event if the Employer fails to grant the Contractor access to site on the date stated in the contract data if the date does not also appear on the Accepted Program?
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Yes
No
Yes because its breach of contract by the Employer and hence a clause 60.1(18) Compensation event
5. Can the program become deemed accepted under a NEC3 contact?
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Yes, if no response has been received from the Project Manager.
No
Yes, provided the Contractor informed that Project Manager that his response is overdue
6. Which of the following are compensation events under the ECC contract?
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Work stoppages due to load shedding
Strikes, as mentioned under clause 80 [Employer’s Risks]
An instruction to stop work in instances where the instruction was given only because the contractor was working unsafely
7. What is the default payment period under the ECC contract?
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3 weeks of the assessment date
A different period to 3 weeks if stated in the Contract Data
Either of the above
8. How must prepare and update the Risk Register (NEC3) or the Early Warning Register (NEC4)
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The Contractor
The Contractor’s Key Person assigned such task
The Project Manager
9. Which secondary Option could give rise to a compensation event?
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X2
X14
Both
10. Which dispute resolution option can be chosen in the case of a project carried out in South Africa?
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W2
W1
Either may be chosen
11. Within how many weeks must a notification of a dispute be given that relates to an action of the Project Manager
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Not more than 4 weeks after the Employer became aware of the Action
Such notice can be given at any time
None of the above is correct
12. Can a Contractor notify a compensation event due to strong winds that prevents the tower crane from operating?
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No
Yes, provide high winds has been recorded as part of the weather measurements taken on site
Provided the high winds recorded as part of the weather measurements on site exceeded the values contained in the weather data
13. Will the Works be regarded as Complete if there is still some Defects that need to be attended to?
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No
It depends upon what the Project Manager decides
Only if the outstanding Defects will not prevent the Employer from using the Works
14. In which document do we find the scope of the contractor’s work (if using a NEC3 ECC contract)
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The drawing and specifications issued by the Employer
The Scope document
The Works Information
15. When does the Project manager need to respond to a compensation event notice received from the Contractor?
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One week after the Contractor’s Notification
A longer period to which the Contractor has agreed following a request for more time that the Contractor has received from the Project Manager 12 days after the notice was first sent to him.
As soon as he is able to do so
16. When may the Project Manager make his own assessment of a quotation?
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If the Contractor included his quotation in his compensation event notice.
If the Contractor has not submitted a programme or alterations to a programme which the Contract required him to submit
Both of the above
17. Which Main options make use of a Bill of Quantities
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B
A
F
B & D
18. Which two secondary option clauses may not be used together?
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X1 [Price adjustment for Inflation] and X3 [Multiple currencies]
X20 [KPI’s] and X12 [Partnering]
X7 [Delay damages] and X6 [Bonus for early Completion]
19. Do NEC contracts contain an order of priority clause?
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Yes
No
Only if drafted as a Z clause
20. Who needs to resolve ambiguities and inconsistences between the documents making up the contract?
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The Employer
Both Parties together
The Project Manager
21. What term is used for the value of work carried out by the Contractor?
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The Total of the Prices
The Price for Work Done to Date
The Amount Due
22. Must there by a risk reduction meeting (NEC3) or early warning meeting or is it optional?
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It must always take place
It is always optional
It is up to the Project Manager to decide whether or not to call for such a meeting
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