CCM Certified Contract Manager Question and Answers

In the FIDIC 2017 suite of contracts, time bars and procedural time limits are widely used to ensure efficient contract administration and avoid delays in decision-making. However, FIDIC does not uniformly impose a strict penalty such as automatic loss of rights or damages for every missed deadline. Instead, a key contractual mechanism frequently used is the concept of a “deemed” outcome.

This means that if a Party, the Engineer, or the Employer fails to respond or act within a specified time period, the contract may prescribe an automatic consequence—often referred to as a “deemed approval,” “deemed consent,” or “deemed rejection.” For example, under claims procedures (Clause 20), if the Engineer does not respond within the defined timeframe, certain submissions may be deemed accepted or rejected depending on the clause.

This approach ensures continuity and prevents contractual deadlock. It avoids situations where inaction by one party halts progress or creates uncertainty. It also supports the proactive management philosophy embedded in FIDIC 2017, emphasizing timely communication, strict procedural compliance, and administrative discipline.

Option A is too absolute, as loss of rights applies only in specific cases (e.g., failure to give notice of claim). Option B is incorrect because damages are not the general remedy for missed procedural deadlines. Option D is also incorrect because outcomes are not universally made binding automatically; instead, deemed mechanisms vary depending on the clause.

Thus, the most typical approach is the use of “deemed” outcomes to maintain contractual flow.

Under the FIDIC Red Book 1999, advance payment is a sum paid to the Contractor to help cash flow early in the project. It must be repaid through deductions from interim payments according to a specified schedule.

Sub-Clause 14.5 (Advance Payment) states that the Contractor must repay the advance payment by installments, typically by the Time for Completion. If the advance payment has not been fully repaid by the Time for Completion, the outstanding balance becomes immediately due and payable by the Contractor (Option A). This ensures the Employer recovers the advance by the time the project completes.

Additionally, upon termination of the Contract (Sub-Clause 15.2 or relevant termination clauses), any outstanding balance of the advance payment becomes immediately due (Option D). This protects the Employer’s financial interest if the Contract ends prematurely.

Option B (before the Performance Certificate is issued) and Option C (before the Taking-Over Certificate is issued) are not explicitly linked in FIDIC Red Book 1999 to triggering immediate repayment of the advance payment. The Taking-Over Certificate marks practical completion and may precede the final repayment schedule, while the Performance Certificate is issued after the Defects Notification Period.

Therefore, the correct situations for immediate repayment of outstanding advance payment balance are before Time for Completion and upon termination of the Contract.

Under the FIDIC Conditions of Contract (particularly 2017 editions), the Dispute Adjudication Board (DAB) is a standing or ad hoc body that provides binding decisions on disputes. One key requirement is that the DAB must give its decisions in writing upon request by either Party, ensuring clarity and enforceability.

Option E is correct as the DAB’s decision must be documented formally.

Option A is incorrect; the cost of the DAB is generally shared by Employer and Contractor as per the contract.

Option B is incorrect because retainer fees can be paid on different schedules, not necessarily monthly on the first day.

Option C is incorrect; payments to DAB members do not require Employer’s certification but are agreed as part of the DAB contract.

Option D is partially true but not a standalone correct statement without additional context.

Under FIDIC Red Book 1999, advance payment is intended to assist the Contractor in financing the mobilization and early works costs before the Contractor begins receiving regular payments for work performed (Option A). It is not a payment for work already completed, so Option B is incorrect.

The General Conditions provide that the advance payment is usually made in a lump sum or agreed instalments and that the Employer makes the payment in advance (Option C is partially true but generally it can be one or multiple instalments, depending on contract terms).

Importantly, the advance payment must be repaid by the Contractor through deductions from subsequent interim payments (Option D), ensuring the Employer recovers the advanced funds as the work progresses.

Under the FIDIC Red Book (both 1999 and 2017 editions), the Employer is responsible for the design of the Works. This design is primarily communicated to the Contractor through key technical documents included in the Contract.

Option B (Specifications) is correct because Specifications define the technical requirements, standards, materials, workmanship, and performance criteria. They are a core component of the design documentation and directly guide how the Works are to be executed.

Option A (Bill of Quantities) is also correct. While primarily used for measurement and payment, the Bill of Quantities is derived from the design and reflects the quantified scope of the Works. It is intrinsically linked to the design and provides a structured breakdown of the elements required to construct the Works.

Option C is incorrect because the Breakdown of Lump-Sum is relevant to lump-sum contracts (e.g., Silver Book), not the Red Book’s remeasurement approach.

Option D is incorrect as the Schedule of Subcontractors relates to execution planning, not design.

Option E is incorrect because the Contract Agreement is a legal document formalizing the contract, not a design document.

Thus, in Red Book contracts, the design basis is fundamentally established through the Specifications and the Bill of Quantities, supported typically by Drawings (though not listed here).

Option A is correct: “Notice” is a defined term under FIDIC 2017 Red Book; “Other Communications” is a separate category, also defined but distinct.

Option D is correct: Notices, Notices of Dissatisfaction, and Certificates require delivery to all Parties and the Engineer, whereas other communications may not have such strict requirements.

Option B is incorrect as there are contractual differences.

Option C is partially correct but “Other Communications” and “Notice” are distinct terms, so A is more precise.

This statement is false. While FIDIC Contracts provide standardized contractual frameworks, procurement processes vary widely depending on local laws, employer requirements, contract editions, and project specifics. Definitions, timelines, and procurement steps may differ between models and jurisdictions, making the procurement process not universally identical.

The FIDIC contracts are adaptable tools, not rigid procurement procedures, so users must tailor procurement to local and project needs.

Under the FIDIC Red Book (1999), the Tender Documents typically include:

The Bill of Quantities (Option B), which provides detailed quantities for priced items and forms a basis for tender pricing.

The Specifications (Option E), which define the technical requirements for the Works.

The Schedule of Guarantees (Option A) is usually provided later, during contract formation, not as part of tender documents.

Employer’s Requirements (Option C) are more commonly referenced in design-build contracts such as the Yellow Book, not the Red Book which is traditionally a design-bid-build contract.

Schedule of Baselines (Option D) is not a standard tender document in FIDIC Red Book contracts.

Under FIDIC 2017 editions, the Performance Security protects the Employer against failure by the Contractor to fulfill contractual obligations. The Employer may claim under the Performance Security in the following cases:

Option A: Failure to renew the Tender Security as required during the tendering or contract formation phase can allow Employer to make a claim, since the security guarantees the Contractor’s commitments at this stage.

Option E: Failure to extend the validity of the Performance Security when requested or required breaches contractual obligations and enables the Employer to claim under the security.

Option B is incorrect because abandonment without termination notice does not immediately entitle the Employer to claim under Performance Security; formal termination is usually required first.

Option C is incorrect because submitting a claim under Sub-Clause 20.2 (Employer’s claims) does not directly correlate with claiming under Performance Security.

Option D is irrelevant; instructions to replace works do not relate to Performance Security claims.

Under FIDIC 1999 and 2017 (Red, Yellow, and Silver Books), dayworks are governed under Clause 13 [Variations and Adjustments], specifically provisions dealing with valuation of Variations.

Option A is correct because dayworks require a predefined Daywork Schedule included in the Contract (usually within the Bill of Quantities or schedules). If such a schedule is not included, the contractual mechanism for valuation using dayworks cannot practically operate. Therefore, the Sub-Clause related to dayworks becomes inapplicable unless such rates are otherwise agreed.

Option D is also correct. The Engineer (or Employer in the Silver Book where no Engineer role exists) has the authority to instruct that certain Variations be executed on a daywork basis. This is typically used where the nature or extent of the work cannot be quantified in advance, making standard measurement or lump-sum pricing inappropriate.

Option B is incorrect because dayworks are specifically intended for valuation of Variations and not for general application to other types of works outside this context.

Option C is incorrect because dayworks are not limited to remeasurement contracts (Red Book); they are also applicable in Yellow and Silver Books for valuation of Variations when instructed.

Thus, Options A and D correctly reflect FIDIC principles regarding dayworks.

Under FIDIC Red and Yellow Books 1999, Sub-Clause 8.3 [Programme] includes an important obligation related to early warning. It requires both Parties to proactively notify each other and the Engineer of any probable future events or circumstances that may adversely affect the Works, including delays, increased cost, or performance issues.

Option B is correct because the clause clearly establishes a mutual obligation: both Parties must inform each other and the Engineer, and the Engineer must also inform the Parties. This ensures transparency and enables proactive mitigation of risks.

Option D is also correct. The Contractor has a specific obligation to notify the Engineer of such events. This aligns with the Contractor’s responsibility for planning and executing the Works and maintaining an updated programme.

Option A is incorrect because the obligation arises before the Time for Completion is actually affected—it is about anticipated or probable events, not confirmed impacts.

Option C is incorrect because the Engineer does have a role in communication and must advise the Parties accordingly.

This early warning mechanism is a key feature of FIDIC contracts, promoting risk management, cooperation, and prevention of disputes rather than reactive claims handling.

Option A is correct: The Engineer is entitled to receive evidence that the Contractor has paid for the necessary insurance policies.

Option C is correct: The Engineer has the role of monitoring the validity of these insurances and ensuring that renewals or extensions are arranged in a timely manner.

Option B is incorrect; the Engineer does not have the authority to take out insurance on behalf of the Contractor.

Option D is incorrect; suspension of construction activities is not automatically the Engineer’s role for insurance lapses but may require instructions from the Employer.

The key issue in this question is the allocation of design responsibility and the treatment of unforeseeable physical conditions (particularly relevant for underground works or inaccessible areas).

The Yellow Book 2017 is specifically designed for projects where the Contractor is responsible for both design and execution, while still maintaining a balanced risk allocation. Importantly, Sub-Clause 4.12 [Unforeseeable Physical Conditions] allows the Contractor to claim additional time and/or cost for conditions that could not reasonably have been foreseen. Therefore, for projects involving underground or uninspectable works, the Yellow Book is highly appropriate. Hence, Option A is correct.

The Silver Book 2017 (EPC/Turnkey) also places full responsibility for design and execution on the Contractor. However, it adopts a much stricter risk allocation: the Contractor generally bears the risk of unforeseen physical conditions. This makes it less suitable for projects with significant uncertainty—unless amendments are made. By modifying Sub-Clause 4.12 in the Particular Conditions to reallocate risk (e.g., allowing relief for unforeseeable conditions), the Silver Book can be adapted for such projects. Therefore, Option C is correct.

Option B (Red Book) is incorrect because design responsibility primarily lies with the Employer, not the Contractor.

Option D is incorrect because using the Silver Book without amendment would place excessive and potentially unmanageable risk on the Contractor in cases involving unknown subsurface conditions.

This reflects a core FIDIC principle: selecting the appropriate form depends heavily on risk allocation and the degree of uncertainty in site conditions.

This statement is false. Acceptance of a revised programme that shows completion within the Time for Completion does not automatically entitle the Contractor to extra payment. The Contractor must demonstrate additional costs arising from the instruction or circumstances to claim payment.

The acceptance of a compliant programme is a scheduling and administrative matter, not a compensation guarantee.

Under FIDIC Red and Yellow Books (both 1999 and 2017), once a Section or Part of the Works has been taken over by the Employer, even if a formal Taking-Over Certificate has not yet been issued, the practical effect is that the Works (or relevant Section) are considered completed and under the Employer’s control.

Clause 13 [Variations and Adjustments] allows the Engineer to instruct Variations only before the Works or a Section are taken over. After taking-over, the Contractor’s obligations shift from execution to remedying defects under Clause 11 [Defects Notification Period] . At this stage, the Contractor is no longer required to carry out new work beyond rectification unless separately agreed.

Therefore, once a Section/Part is taken over, the Engineer cannot instruct a Variation to that part of the Works. Any further work would require a separate agreement or contract, not a Variation under Clause 13.

This reflects a key FIDIC principle: Variations relate to the execution phase, not the post-completion (defects liability) phase. Thus, the statement is false.

Option A is true: In emergencies, verbal notices are permitted with the requirement to follow up in writing.

Option D is true: Notices and communications may be sent in various formats including handwritten, typed, printed, or electronic systems.

Option B is incorrect; a notice does not necessarily have to be signed by all these representatives; it depends on the party issuing the notice.

Option C is incorrect; proof of receipt is ideal but not always strictly required for legal validity depending on contract provisions.

Under FIDIC Red Book (1999), the Value Engineering Clause requires the Contractor to notify the Engineer with full details and cost implications when proposing Value Engineering changes. The Engineer then follows the Variation procedure in Sub-Clause 3.5 to agree or determine the cost adjustment, which will be reflected in the Contract Price.

This ensures transparent handling of Value Engineering proposals and proper contractual adjustments.

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.

Option B is correct: Notices are compulsory when required and must reference the relevant Sub-Clause to be valid.

Option D is correct: Notices are formal written communications and must comply with the contract’s prescribed procedures.

Option A is incorrect; notices are often mandatory, not merely recommended.

Option C is incorrect; notices are obligations for all Contract Participants, not just the Engineer.

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.

Under FIDIC Red Book 1999, retention is calculated as a percentage (stated in Appendix to Tender) of the value of Works executed and Plant and Materials in accordance with Sub-Clause 14.5 that are on or off Site but intended for incorporation.

Option A is correct: Retention applies to the value of executed works.

Option D is correct: It also applies to Plant and Materials under Sub-Clause 14.5.

Option B is incorrect; advance payments and repayments are not part of retention calculations.

Option C is incorrect; changes due to legislation or costs are not included in retention calculation.

Sub-Clause 13.8 of the FIDIC Silver Book (1999) allows the Particular Conditions to specify a formula or indices for adjusting the Contract Price for rises and falls in labour and Goods costs. The method set forth may not fully compensate for actual cost changes — it can be lower than the real fluctuations — reflecting practical and commercial considerations.

Option B is correct because the contract permits this flexibility.

Option A is incorrect; full compensation is not guaranteed.

Option C is incorrect; the adjustment can cover materials and labour but may extend beyond.

Option D is incorrect; adjustments can be calculated from different dates as specified.

Under the FIDIC Red Book and Yellow Book, 1999 editions, the Engineer issues Interim Payment Certificates certifying the amounts due to the Contractor for completed works and materials on site (Sub-Clause 14.6). The Employer is generally bound by the Payment Certificate and must pay accordingly, except where there is a lawful set-off or compensation claim against the Contractor.

Option A is correct because the Employer must pay the amount certified except for compensation claims that may be offset against the payment (Sub-Clause 14.6).

Option D is also correct: If the Employer intends to claim against the Contractor (e.g., for damages or defects), it must notify the Contractor under Sub-Clause 2.5 and provide particulars. The Engineer then assesses and decides on the claim and incorporates any agreed deductions into the Payment Certificate.

Option B is incorrect because the Employer is indeed bound by the Payment Certificate unless lawful deductions or disputes arise.

Option C is incorrect as the Employer can withhold amounts due for compensation claims once these are properly notified and substantiated.

Under FIDIC 2017, Clause 8.3 [Programme] was significantly enhanced compared to the 1999 editions, introducing more detailed and stricter requirements for programme management and updating.

Option A is correct. The 2017 editions explicitly require the Contractor to revise and resubmit the Programme whenever it becomes inconsistent with actual progress. This strengthens proactive project control and ensures that the Programme remains a live and reliable management tool.

Option C is also correct. FIDIC 2017 emphasizes that revised programmes must accurately reflect actual progress and current circumstances, including sequencing, logic, and resources. This aligns with the broader 2017 philosophy of improved transparency and contract administration.

Option B is incorrect because FIDIC does not mandate specifying particular programming software; this remains at the Contractor’s discretion unless otherwise stated in Particular Conditions.

Option D is incorrect because submission of a programme within 28 days already existed in FIDIC 1999 (Sub-Clause 8.3), and therefore is not a “new” feature.

These enhancements reflect FIDIC 2017’s focus on active project management, early warning, and accurate planning, making the Programme a central tool for monitoring and controlling project performance.

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.

Option D is correct because contract drafting should strategically allocate risks between parties based on who can best manage them and the Employer’s budget for risk and reward. Understanding risk appetite is key to tailoring FIDIC contracts appropriately.

Option A is exaggerated; while amendments can introduce issues, careful drafting can preserve benefits of standardization.

Option B is partly true but mixing arrangements is complex and not always straightforward.

Option C is incorrect; the Employer usually chooses the contract form.

Under both FIDIC Red and Yellow Books (1999 and 2017 editions), the Engineer is defined as the person appointed by the Employer to carry out duties assigned under the Contract (Clause 3). However, FIDIC does not prescribe any specific qualification, such as requiring the Engineer to have a formal technical education.

The contract focuses on the role and functions of the Engineer rather than formal credentials. The Engineer is expected to act as a professional administrator of the contract, performing duties such as issuing instructions, certifying payments, making determinations, and acting neutrally when required (especially under FIDIC 2017, Clause 3.7). While in practice Engineers are typically qualified professionals (often engineers by training), this is a matter of industry practice, not a contractual requirement.

FIDIC intentionally avoids prescribing qualifications to allow flexibility for the Employer in appointing a suitable representative with the necessary competence and experience for the specific project. The emphasis is on capability and impartiality, rather than formal academic credentials.

Therefore, the statement is false because FIDIC contracts do not mandate that the Engineer must have received technical education

Under FIDIC contracts:

Profit is usually allowed on claims arising from Employer-caused delays, instructions, or breaches that directly affect the Contractor’s performance or costs (Options A, B, C, and E).

Option D relates to delays caused by third parties (authorities). Typically, delays caused by relevant authorities (e.g., permit or approval delays) are treated differently, and profit is not generally recoverable on these claims as they are considered neutral or force majeure-type delays. The Contractor may receive an extension of time and reimbursement of direct costs but not profit.

Thus, Option D is the claim event where profit is not allowed.

The timetable for meetings is usually set out in the Special Conditions (Particular Conditions) and/or the Employer’s Requirements, which define project-specific administrative and management arrangements.

Special Conditions customize the General Conditions to the project and often specify meeting schedules.

Employer’s Requirements detail the Employer’s expectations, including communication protocols and meeting timetables.

The General Conditions (Option A) are standard and do not include project-specific meeting schedules.

The Specification (Option B) mainly covers technical requirements, not administrative matters like meetings.

Option A is NOT a Variation because it originates from a Value Engineering proposal by the Contractor, not from Employer or Engineer instruction or request.

Options B, C, and D are all variations initiated by the Employer or Engineer.

All main FIDIC contract editions contain provisions that allow the Employer or Engineer to propose or instruct the Contractor to employ certain subcontractors (e.g., nominated subcontractors). The Contractor retains the right to refuse such subcontractors only for reasonable cause, which must be communicated formally.

This mechanism protects the Employer’s interests in subcontractor selection while safeguarding the Contractor’s right to reject subcontractors that may not be competent or suitable.

Therefore, the statement is true.

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.

According to FIDIC Red and Yellow Books (both 1999 and 2017 editions), the advance payment guarantee amount may be progressively reduced as the Contractor repays the advance payment through deductions from interim payment certificates. This means the guarantee is reduced as per amounts repaid, not only upon full repayment.

Option D is correct: The guarantee reduces as partial repayments are certified in Payment Certificates.

Option C is incorrect because the reduction happens gradually, not only after full repayment.

Options A and B do not directly relate to the reduction mechanism of the advance payment guarantee.

Option A provides the clearest and most unambiguous notice because:

It explicitly references the relevant Sub-Clause (8.1) that governs Commencement Date notification.

It uses precise language “I hereby give notice” indicating formal notification.

It clearly states the Commencement Date with a specific date (17 April 2023).

Options B and C are less formal or ambiguous and do not refer to the proper contract clause, which could lead to disputes. Option D incorrectly refers to the Time for Completion start rather than the Commencement Date specifically.

Clear and formal notices help prevent contractual disputes by explicitly identifying the contractual clause and key date.

Under FIDIC Yellow Book 1999, Sub-Clause 8.5 [Delays Caused by Authorities] addresses situations where delays arise due to actions or inactions of public authorities. Sub-paragraph (b) specifically provides that delays caused by authorities may entitle the Contractor to an extension of time, provided certain conditions are satisfied.

A critical condition clearly stated in this clause is that the Contractor must have “diligently followed the procedures laid down by the relevant legally constituted public authorities in the Country.” This requirement reflects an important FIDIC contract management principle: entitlement to relief is conditional upon proper Contractor performance. If the Contractor fails to comply with statutory procedures, permit processes, or administrative requirements, then delays cannot be attributed to the authorities for the purpose of claiming time extension.

From a practical perspective, this clause ensures a balanced allocation of risk. While the Employer bears the risk of delays caused by external authorities, the Contractor retains responsibility for proper compliance with all legal and procedural obligations. The Engineer will typically assess whether the Contractor acted diligently before granting any extension of time under Clause 8.4 in conjunction with Sub-Clause 8.5.

Therefore, the statement is correct, as diligence in following authority procedures is a prerequisite for claiming delay under this provision.

The Commencement Date is a critical contractual milestone that triggers contractual obligations including the start of time for completion. For clarity and enforceability, it must be specified clearly in contract documents forming part of the formal contract. The Contract Agreement (Option B) and the Particular Conditions (Option C) are the standard places to unambiguously specify the Commencement Date.

Minutes of meetings (Option A) or emails (Option D), while useful for informal communication, do not have the legal certainty or binding contractual effect unless expressly incorporated into the contract documents. Therefore, specifying the Commencement Date solely in meeting minutes or emails is not advised for clarity and risk mitigation.

Under the FIDIC Red Book 2017 (similar principles apply in other editions), Sub-Clause 4.1 (“Contractor’s General Obligations”) and Sub-Clause 3.4 (“Delay Damages”) require both Employer and Contractor to notify the Engineer in advance about any events or circumstances which may delay the works or adversely affect the Contractor’s personnel or progress. This early notification ensures proper management and mitigation of risks that could impact the project timeline or quality.

Option A (Delay the execution of the Works or a Section) is a core reason for notification since delays affect the critical path and programme, requiring possible extensions or adjustments.

Option C (Adversely affect the work of the Contractor ' s Personnel) is also a valid reason because issues affecting workforce productivity or availability can impact project delivery.

On the other hand:

Option B (Decrease the Contract Price) is not a reason to notify. Changes in contract price usually arise from variations or claims but are not a “known or future event” requiring prior notification unless linked to a variation or compensation event.

Option D (Increase the performance of the Works when completed) is positive and does not negatively affect project progress or cost; therefore, it is not a reason for advance notification under these contract provisions.

Thus, the two not applicable reasons are B and D.

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.

Under FIDIC contracts, when defects are identified during Tests on Completion, the Engineer may still issue the Taking-Over Certificate if the defects do not materially affect the intended use (Option A). The Engineer can refuse acceptance until defects are rectified and tests repeated (Option B). The Employer can also request to take over the works (Option C).

However, Option D is not a standard contractual provision; the contract does not stipulate that the Party not liable for rectifying defects is entitled to payment for repeated tests. Typically, costs of repeated tests due to defects are borne by the liable party.