In case a Variation is initiated by the Engineer for prompt implementation ...... [FIDIC Red, and Yellow Books, 2017 Editions] Choose all of the correct answers (multiple possibilities).

• A. ... the Contractor within 28 days after receiving such instruction shall submit to the Engineer a description of the varied work, a programme for its execution and a proposal for adjustment of the Contract Price.
• B. ... the Contractor is required to commence implementing the varied works even if it would pose immediate hazard to the safety of public areas surrounding the Site
• C. ... the Contractor is required to commence implementing the varied works and take records of all the details ( ... regarding the details of the varied works executed, expenditures incurred, and impact on progress etc.)
• D. ... the Contractor is not bound to start implementing the varied works right up until the price for the varied works is fully agreed (or determined)
• E. ... the Contractor may send a Notice to the Engineer, that the subject of the Variation was Unforeseeable (having regard to the scope and nature of the Works), hence, the Contractor is not to start implementing the varied work promptly.

During the execution of certain Works under a FIDIC Yellow Book (edition 1999), a Contract in a historical area along the silk route, one of the workers on the excavator shouts out to the supervisor of the Contractor it has discovered something on the Site. The supervisor inspects the finding and concludes this is possibly an ancient treasure in a wooden box. The supervisor sees some golden coins through the cracked lid of the box.
The supervisor immediately stops the execution of the Works, sends the workers away and blocks access to the Site for all persons. Given the sensitive nature of the findings, the supervisor informs you as Engineer.
How do you react?

• A. You compliment the supervisor for their swift and decisive action. However, the Works should advance as soon as possible. You ask the supervisor to excavate the box further, and place it in the back of your truck. You promise the supervisor you will drive the box yourself to the University in the city nearby, because it is very important to preserve found treasures like this. The Contractor is not entitled to an extension of time, as no delay has been incurred.
• B. You inform the supervisor that given the sensitive nature of the findings, you need a formal and written notice as mentioned in Sub-Clause 4.24 second paragraph, otherwise you cannot give further instructions. You ask them to send it to you as soon as possible, because otherwise you are not able to entitle the Contractor to any extension of time and payment of costs.
• C. You thank the supervisor for their action. You make sure the Site is secured and ask the Contractor to make an improvised barrier around the Site. You ask the Contractor to appoint its most trustworthy guards to set a perimeter. You inform the Employer and local authorities and you ask the Contractor to send you a notice in writing whereby it requests for a Variation (as this is needed for you to instruct the Contractor), thereby already including a fixed proposal for the costs of the guards and barrier, all in accordance with Sub-Clause 4.24.
• D. You immediately take action and give the instruction to the supervisor to make sure to cover this finding and till the excavation with material. You then redesign and make a determination (Sub-Clause
  3.5) on a change of the Works - if needed - to make sure the execution can restart within days because of the need to finish this project.

(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?)

• A. The Contractor is entitled to the Claim for additional costs in relation to the piling, based on errors in the Employer ' s Requirements only.
• B. The Contractor is not entitled to either of the Claims.
• C. The Contractor is entitled to the Claim for the additional floodwall based on Unforeseeable difficulties only.
• D. The Contractor is entitled to both claims.

(Under the FIDIC Red, Yellow, and Silver Books (1999 editions), the Engineer/Employer shall be entitled to withhold from the release of retention money the estimated cost of any work which remains to be executed under Clause 11 (Defects Liability) in the Red Book or under Clause 12 (Tests after Completion) in the Yellow and Silver Books. Is this statement true or false?)

• A. True
• B. False

Under the FIDIC Construction Contract (Red Book), which of the following amendments do NOT comply with the FIDIC Golden Principles? [1999 Edition] (2 correct answers apply) Choose all of the correct answers (multiple possibilities).

• A. The DAB Decision is final and binding
• B. The Contractor is responsible for the performance of the Nominated Subcontractors
• C. Deletion of Sub-Clauses 20.2 - 20.4 for a Project constructed in United Arab Emirates
• D. The Payment shall be released by the Employer within 180 days calculated from receiving the Contractor ' s Monthly Statement