FIDIC Updated CCM Exam Questions and Answers by jennifer

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.

Under FIDIC Red Book 1999, the Performance Security (or Performance Guarantee) is held to ensure the Contractor’s performance during the defects liability period. The security is typically released only after the Employer issues the Performance Certificate, which confirms the completion of defects liability obligations and that the Contractor has fulfilled the contract.

The contract commonly specifies a fixed period (often 21 days) within which the Employer must return the Performance Security after issuance of the Performance Certificate (Option D). The Taking-Over Certificate (Options A and C) marks substantial completion but does not end the Contractor’s obligations for defects.

Option C is not true because under the FIDIC Silver Book (1999 edition), the delay damages (liquidated damages) specified in the contract are intended as full compensation for the Employer’s loss resulting from late completion. The contract usually excludes other claims for actual losses or extra costs beyond the delay damages.

Option A is true; Variations can include extensions of time.

Option B is true; identifying delay causes is essential for claims and defences.

Option D is true; if the Employer causes suspension not attributable to the Contractor, delay damages claims by the Employer are generally unjustified.

Thus, the Employer cannot claim extra costs over and above delay damages as per typical Silver Book provisions.

Under FIDIC 2017, Clause 20 introduces a structured and unified claims procedure applicable to both Contractor’s and Employer’s Claims. Claims are categorized broadly into:

Claims for time and/or money (Sub-Clause 20.2), and

Other claims (e.g., disputes or matters under Sub-Clause 20.1(c)).

Option A is correct. The 28-day time bar under Sub-Clause 20.2.1 applies to all claims for time and/or money and is a fundamental procedural requirement. Importantly, unlike FIDIC 1999, this time bar applies equally to both Parties, reinforcing fairness and discipline in claims management.

Option C is also correct. Claims under Sub-Clause 20.1(a) and (b) (typically relating to payment and/or extension of time) are processed under Sub-Clause 20.2, and the Engineer (or Employer’s Representative in the Silver Book) must agree or determine the claim in accordance with Sub-Clause 3.7 (Red/Yellow) or 3.5 (Silver).

Option B is incorrect because claims under 20.1(c) are not handled through Sub-Clause 3.7/3.5 in the same structured determination process as time/money claims.

Option D is incorrect because FIDIC 2017 clearly applies the time bar to both Employer and Contractor claims, which is a key update from earlier editions.

This reflects FIDIC 2017’s emphasis on symmetry, procedural clarity, and proactive claim management.