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| Section | Weight | Objectives |
|---|---|---|
| Psychosocial Concepts and Support Systems | 27% | - Client dynamics and social determinants of health
|
| Care Delivery and Reimbursement Methods | 31% | - Reimbursement pathways and utilization management tools
|
| Ethical, Legal, and Practice Standards | 15% | - CCMC Code of Professional Conduct parameters - Regulatory compliance requirements and frameworks
|
| Quality and Outcomes Evaluation and Measurements | 18% | - Quality indicator metrics and performance tools
|
| Rehabilitation Concepts and Strategies | 9% | - Worker recovery and return-to-work solutions - Vocational and physical rehabilitation pathways
|
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質問 # 114
Upon review of the revised programme, submitted by the Contractor, if the Engineer (under FIDIC Red or Yellow Books) or Employer (under FIDIC Silver Book) does not give a Notice of Non-Compliance within 14 days after receiving a revised programme, then ... [complete the sentence, thereby considering FIDIC Red, Yellow, and Silver Books (edition 2017)]. (1 correct answer applies)
正解:B
解説:
Comprehensive and Detailed Explanation:
According to the FIDIC 2017 editions (Red, Yellow, and Silver Books), when the Contractor submits a revised programme, the Engineer or Employer has a limited time (typically 14 days) to review and raise any Notice of Non-Compliance if the programme does not meet contract requirements (Sub-Clause 8.3 or equivalent). If no notice is issued within this period, the Engineer or Employer is deemed to have no objection to the revised programme.
This does not imply formal approval or consent, but the programme can be used for the execution and administration of the works in the absence of objections. This avoids unnecessary delay due to inaction.
Option D is correct as it captures this deemed "no objection" position.
Option B is incorrect as "deemed consent" is stronger than FIDIC provisions state; it is more correct to say
"no objection".
Option A is incorrect since the Contractor does not have to remind the Engineer or Employer for consent within this period.
Option C is incorrect because the Contractor may proceed if no non-compliance is notified.
References:
FIDIC Red Book 2017 Edition, Sub-Clause 8.3 - Programme
FIDIC Yellow Book 2017 Edition, Sub-Clause 8.3 - Programme
FIDIC Silver Book 2017 Edition, Sub-Clause 8.3 - Programme
FIDIC Contract Manager Study Guide, Module on Time and Delay Management
質問 # 115
(Under the FIDIC Red, Yellow, and Silver Books (edition 1999), which of the following entitlements of the Employer can result in a deduction of the Contract Price and Payment Certificates subject to Sub-Clause 2.5?
(2 correct answers apply))
正解:A、B
解説:
Under FIDIC 1999, Sub-Clause 2.5 [Employer's Claims] provides that the Employer is entitled to make claims against the Contractor, which may result in deductions from the Contract Price and from Interim Payment Certificates.
Option C is correct. Delay Damages (Sub-Clause 8.7) are a classic example of Employer's entitlement. If the Contractor fails to complete within the Time for Completion, the Employer is entitled to delay damages, which are typically deducted directly from payments due.
Option A is also correct. Under provisions relating to Nominated Subcontractors (Sub-Clause 5.4), if the Employer pays a nominated subcontractor directly (e.g., due to Contractor default), such payments may be recovered from the Contractor and deducted from the Contract Price via Sub-Clause 2.5.
Option B is incorrect because costs related to reviewing Contractor's Documents are generally part of the Engineer's duties and are not recoverable from the Contractor unless explicitly stated.
Option D is incorrect because the use of Employer's materials is typically accounted for within the contract pricing structure and not treated as a claim under Sub-Clause 2.5.
Thus, Sub-Clause 2.5 serves as a key mechanism for the Employer to recover amounts due through deductions, particularly in cases like delay damages and payments made on behalf of the Contractor.
質問 # 116
Applying FIDIC Silver Book (edition 1999), which one of the following elements shall not form part of the time Programme/revised programme?
正解:D
解説:
According to the FIDIC Silver Book, 1999 Edition (The Conditions of Contract for EPC/Turnkey Projects), the Contractor is required under Sub-Clause 8.3 ("Programme") to submit a time programme that illustrates the sequence and timing of the works, including milestones and key events. The intended order of the works (Option A), sequence and timing of inspections and tests (Option B), and review periods (Option D) related to contract management processes such as approval of design or submissions (Sub-Clause 5.2) are integral to effective scheduling and coordination.
However, remedial work instructed under Sub-Clause 7.6, which concerns remedying defects or damage, is generally not part of the initial or revised programme. Instead, remedial works are typically handled as separate tasks or incorporated into specific defect liability or rectification schedules after the main programme has been executed. Such remedial works arise from defects liability obligations and do not belong to the original or revised time programme used to plan the main construction phases.
This distinction is important because the programme reflects planned works execution, whereas remedial work is reactive and may be scheduled separately under defects liability clauses or final project close-out arrangements.
References:
FIDIC Silver Book 1999 Edition, Clause 8.3 - Programme
FIDIC Silver Book 1999 Edition, Clause 7.6 - Remedial Work
FIDIC Contract Manager Study Guide, Module on Time and Delay Management
質問 # 117
(You are the Contract Manager of the Employer ' s Representative in a Thermal Power Plant Project under FIDIC Silver Book (edition 2017). The Contractor submits two claims:
(1) USD 200,000 for additional costs due to an error in national piling standard NTS-PW-01 referenced in the Employer's Requirements.
(2) USD 300,000 for constructing an additional flood wall due to incorrect hydrological data in Site Data (water level miscalculated).
What is your determination for the Contractor?)
正解:A
解説:
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.
質問 # 118
Which two of the following statements are correct, regarding the Programme under FIDIC Red, Yellow and Silver Books (edition 2017)?
Choose all of the correct answers (multiple possibilities).
正解:C、D
解説:
Comprehensive and Detailed Explanation:
Option A is correct: The Contractor must proceed according to the approved Programme, and the Employer's personnel rely on the Programme for coordinating their activities.
Option B is correct: Submission and approval of the Programme do not relieve the Contractor of the obligation to give timely notices for delays or other events as required under the contract (e.g., notices under Sub-Clause 8.4).
Option C is incorrect because the Programme is not strictly a contract document binding parties in the legal sense; it is a working tool to manage and monitor progress.
Option D is incorrect; the Engineer/Employer must review the Programme and notify the Contractor if it does not comply, per contract clauses.
References:
FIDIC Red, Yellow, and Silver Books 2017, Sub-Clause 8.3 and 8.4 - Programme and Notices FIDIC Contract Manager Study Guide, Module on Time and Delay Management
質問 # 119
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