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| Section | Objectives |
|---|---|
| Quality and Outcomes Evaluation | - Quality improvement methods - Outcome measurement and evaluation |
| Care Delivery and Reimbursement Methods | - Healthcare delivery systems - Insurance and reimbursement structures |
| Ethics, Legal, and Regulatory Aspects | - Professional ethics in case management - Legal and regulatory compliance |
| Psychosocial and Support Systems | - Community resources and support systems - Psychosocial assessment |
| Rehabilitation and Disability Management | - Return-to-work planning - Rehabilitation principles |
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NEW QUESTION # 90
Which two of the following statements are correct regarding the dayworks under FIDIC Red, Yellow, and Silver Books (both editions)?
Choose all of the correct answers (multiple possibilities).
Answer: A,C
Explanation:
Dayworks refer to works executed on a time basis (e.g., labor and plant) with payment made according to predetermined rates rather than a lump sum or unit rate contract price.
* Option A is incorrect. Even if a Daywork Schedule is not initially included, the dayworks Sub-Clause (e.
g., Sub-Clause 13.7 in Red and Yellow Books, 13.8 in Silver Book 1999) still applies to dayworks ordered during the contract execution. The schedule facilitates pricing, but the Sub-Clause governs the method and conditions for dayworks.
* Option B is correct. The dayworks Sub-Clause is applicable not only to traditional construction works but can also be applied to other types of works, such as variations or additional works that cannot be precisely measured or foreseen and are charged on a time basis.
* Option C is incorrect. The dayworks Sub-Clause is used in all FIDIC standard forms (Red, Yellow, and Silver Books), not only for remeasurement in the Red Book. In the Yellow Book (plant and design- build) and Silver Book (EPC/turnkey), dayworks are similarly applicable for certain variations or unforeseen works.
* Option D is correct. The Engineer (in Red and Yellow Books) or the Employer (in the Silver Book, where the Engineer's role is limited) may instruct that a variation be executed on a daywork basis. This instruction is typically used when the scope or quantity cannot be reasonably pre-determined.
References:
FIDIC Red Book 2017 Edition, Sub-Clause 13.7 - Dayworks
FIDIC Yellow Book 2017 Edition, Sub-Clause 13.7 - Dayworks
FIDIC Silver Book 1999 Edition, Sub-Clause 13.8 - Dayworks
FIDIC Contract Manager Study Guide, Module on Contract Administration Procedures
NEW QUESTION # 91
Under the FIDIC Red and Yellow Books (edition 1999): if the Engineer gives an instruction which requires the Employer's prior approval, the Contractor is required to verify whether the Engineer has obtained the Employer's prior approval or not. Is this statement true or false?
Answer: B
Explanation:
Under the FIDIC Red and Yellow Books 1999 editions, the Engineer acts as the Employer's representative with authority delegated under the contract. When an instruction requires the Employer's prior approval, it is primarily the Engineer's responsibility to obtain that approval before issuing the instruction to the Contractor.
The Contractor isnot contractually required to verifywhether the Engineer has obtained the Employer's approval. The Contractor is generally entitled to rely on the Engineer's instructions as valid and binding unless there is clear evidence to the contrary.
This principle avoids placing an undue administrative burden on the Contractor and maintains the hierarchical contract administration structure, where the Engineer is the primary point of contact and decision-maker.
References:
FIDIC Red Book 1999 Edition, Sub-Clause 3.1 - Engineer's Duties and Authority FIDIC Yellow Book 1999 Edition, similar provisions FIDIC Contract Manager Study Guide, Module on Contract Administration Procedures
NEW QUESTION # 92
(Under the FIDIC Red Book, which of the following statements are correct? [2017 Edition] (2 correct answers apply) Choose all of the correct answers (multiple possibilities).)
Answer: A,C
Explanation:
Under the FIDIC Red Book 2017, Clause 21 establishes a standing Dispute Avoidance/Adjudication Board (DAAB) as a default requirement. This is a major evolution from the 1999 edition, where a Dispute Adjudication Board (DAB) could be ad hoc. Therefore, Option C is correct, as the General Conditions clearly provide for a standing DAAB appointed at the outset of the Contract.
Option D is also correct. The appointment procedure for DAAB members requires mutual agreement between the Parties. Even if one Party nominates a member, that nomination must be accepted by the other Party to ensure neutrality, independence, and confidence in the dispute resolution process.
Option A is incorrect because amicable settlement (Clause 21.5) is required after a DAAB decision and before arbitration, not before referring a matter to the DAAB.
Option B is incorrect because DAAB decisions are binding immediately (whether or not final), unless and until revised by arbitration. They are not dependent on prior confirmation by arbitration to be binding.
Option E is incorrect because failure to give a Notice of Dissatisfaction (NoD) relates to a DAAB decision becoming final and binding-not an Engineer's determination. The statement incorrectly mixes procedural steps.
These provisions reflect FIDIC's structured multi-tier dispute resolution system, promoting early resolution through DAAB before escalation to arbitration.
NEW QUESTION # 93
(Which of the following two statements are correct regarding subcontractors under FIDIC Red, Yellow, and Silver Books (edition 2017)?
Choose all of the correct answers (multiple possibilities).)
Answer: B,C
Explanation:
Under FIDIC 2017 (Clause 4.4 [Subcontractors]), the Contractor is generally permitted to subcontract parts of the Works, but subject to specific controls and limitations.
Option B is correct. FIDIC expressly provides that the Contractor shall not subcontract the whole of the Works without prior consent of the Engineer. This ensures that the Contractor remains the primary responsible party and does not transfer the entire contractual obligation to others without oversight.
Option D is also correct. The Contract Data may specify certain portions of the Works that cannot be subcontracted, preserving critical elements under the direct responsibility of the Contractor.
Option A is incorrect because only the Engineer's consent is generally required for subcontracting (not both Engineer and Employer), except in specific cases defined in the Contract.
Option C is incorrect because the Contractor remains fully responsible for the acts, defaults, and neglect of all Subcontractors, as if they were the Contractor's own actions. This is a fundamental FIDIC principle ensuring a single point of responsibility.
These provisions maintain control, accountability, and quality assurance in project execution while allowing flexibility in subcontracting arrangements.
NEW QUESTION # 94
In a drafted FIDIC Silver Book (edition 1999), the following sentence has been added to Sub-Clause 3.5:
" In case of an Instruction regarding a pending or proposed Variation, Contractor shall carry out any determination regardless of a possible notice of dissatisfaction. " What GP(s) is/are breached?
Answer: C
NEW QUESTION # 95
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