FIDIC Updated CCM Exam Questions and Answers by kyla

Under FIDIC 2017, Sub-Clause 8.3 [Programme] introduces a clearer and more structured mechanism for the review and acceptance of the Contractor’s Programme. When the Contractor submits a revised programme, the Engineer (or Employer in the Silver Book) has a defined period—typically 14 days—to review it and issue a Notice of Non-Compliance if the programme does not meet contractual requirements.

If no such notice is issued within this timeframe, the contract provides a “deemed acceptance” (deemed consent) mechanism. This means that the Engineer is considered to have accepted the revised programme, and it becomes the operative Programme for the Works.

Option B correctly reflects this concept. It ensures continuity of project execution and prevents administrative delays caused by inaction. This is aligned with FIDIC 2017’s emphasis on efficiency, proactive management, and avoidance of bottlenecks.

Option D is incorrect because “no objection” is weaker than “deemed consent.” FIDIC explicitly uses the concept of consent, not merely absence of objection. Options A and C contradict the contract’s intent of maintaining workflow.

Thus, the clause ensures that lack of response does not hinder progress, reinforcing disciplined contract administration.

The key requirement in this scenario is certainty of cost and time, particularly because the Employer intends to secure financing from a financial institution. Lenders typically require a high degree of predictability regarding project completion date and final contract price.

The FIDIC Silver Book 2017 (EPC/Turnkey Contract) is specifically designed for such situations. Under this form, the Contractor assumes full responsibility for both design and construction, as well as a significant portion of project risks, including many that would otherwise remain with the Employer under other FIDIC forms. This results in a lump-sum, fixed-price contract with greater certainty in final cost and schedule.

In contrast, the Red Book allocates design responsibility to the Employer and allows for more variability due to remeasurement and variations, making cost less predictable. The Yellow Book, although design-build, still allows more balanced risk sharing and potential adjustments, which can reduce price certainty compared to the Silver Book.

From a contract management perspective, the Silver Book is commonly used for privately financed infrastructure or projects requiring strong lender confidence, as it minimizes Employer risk and enhances bankability.

Therefore, for a hospital project requiring financial backing and maximum certainty in cost and time, the Silver Book is the most appropriate choice.

The Contractor’s obligation to submit progress reports continues until all outstanding work identified in the Taking-Over Certificate has been completed. The Taking-Over Certificate signals substantial completion but may allow for outstanding minor works. Reporting is essential to monitor progress on these outstanding works.

The Performance Certificate relates to final contract completion but reporting usually ends earlier only after all works are completed.

Therefore, Option D is correct.

Option C is correct: The Contractor must revise the programme whenever it no longer accurately reflects progress or obligations.

Option D is correct: The Contractor must also revise the programme upon formal request if it fails contract compliance or progress reflection.

Option A is incorrect; the Contractor has ongoing obligations beyond formal requests.

Option B is incorrect; no 42-day threshold applies in the contract for revision.