Which one of the following statements is NOT correct in respect of FIDIC Red Book (both editions)?

• A. The General Conditions allocate the risks between the parties on a fair and equitable basis.
• B. The Contract is administered by the Engineer who is appointed by the Employer. If disputes arise, they are referred to a Dispute Adjudication Board (DAB) for its decisions.
• C. The Contract typically becomes legally effective when the Employer issues the Letter of Acceptance to the Contractor.
• D. The Letter of Tender may be worded by the Contractor (at its discretion) so as to allow for the alternative of the Contract to become effective when the Employer issues a Letter of Acceptance.

FIDIC Red, Yellow, and Silver Books (both editions) contain a provision for the Engineer or Employer to instruct the Contractor to employ a subcontractor, thereby also permitting the Contractor to refuse to employ such proposed subcontractor on the basis of a reasonable objection by a notice. Is this statement true or false?

• A. True
• B. False

(Upon review of the revised programme, submitted by the Contractor, if the Engineer (under FIDIC Red or Yellow Books) or Employer (under FIDIC Silver Book) does not give a Notice of Non-Compliance within 14 days after receiving a revised programme, then... [complete the sentence, thereby considering FIDIC Red, Yellow, and Silver Books (edition 2017)]. (1 correct answer applies))

• A. The Contractor cannot proceed in accordance with the Programme.
• B. The Contractor shall submit a Notice to the Engineer or the Employer reminding him to give its approval on the revised programme.
• C. The Engineer is deemed to have no objection to use the revised Programme for the Works.
• D. The Engineer shall be deemed to have given a Consent and the revised programme shall be the Programme.

Under the FIDIC Red Book, which one of the following statements is correct for a claim by the Contractor?

• A. The Employer has the authority to accept a claim by the Contractor, even in the case of the Contractor ' s failure to comply with the notice requirements.
• B. It is the Employer ' s Representative who must first respond to the claim by the Contractor.
• C. If the Engineer does not make a determination, the Employer and the Contractor are unable to agree to settle an issue that gave rise to a claim.
• D. The Engineer ' s response to the Contractor ' s submission of detailed particulars that are required by the procedure for claims by the Contractor must include the Engineer ' s final decision on the quantum.
• E. The Engineer ' s response to a claim by the Contractor is final and binding upon the Employer.

The FIDIC Red Book (edition 1999) deals with Value Engineering Clause. It follows from this clause that the Contractor shall give notice to the Engineer with supporting particulars. Upon receiving this notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 to agree or determine this Cost, which shall be included in the Contract Price.

• A. True
• B. False