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FIDIC Contract Manager CCM Question # 46 Topic 5 Discussion

CCM Exam Topic 5 Question 46 Discussion:
Question #: 46
Topic #: 5

Under the FIDIC Red Book (edition 2017), the Engineer has suspended works to come to a change of the design of a part of the Works. After expiry of 84 days of suspension, the Contractor gave notice thereof. Following this notice, the suspension was not lifted within 28 days. What two statements are correct in such a situation?


A.

Under the Contract the Parties cannot agree on further suspension and the Contractor may immediately terminate the Contract if it affects the whole Works.


B.

The Contractor cannot terminate the Contract.


C.

The Contractor may terminate the Contract if it affects the whole Works, but only after it has given a second notice to the Engineer.


D.

The Contractor may omit the affected part of Works and deny to carry out such Work going forward, but only after it has given a second notice to the Engineer.


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