100+ Free AACE CFCC Certified Forensic Claims Consultant Practice Questions

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Under the Spearin doctrine, who bears the risk of defective design specifications provided by the owner to the contractor?

The contractor, because it has a duty to inspect

The owner, because it impliedly warrants the adequacy of plans and specifications

The architect, because it produced the drawings

The risk is shared equally between owner and contractor

to track

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Key Facts: AACE CFCC Certified Forensic Claims Consultant Exam

5 hours

Exam Time

AACE

100

Practice Questions

OpenExamPrep

70%

Passing Score

AACE

Letters of Recommendation Required

AACE

The AACE CFCC is a 5-hour computer-based exam testing expert-level mastery of construction forensic claims, including AACE RP 29R-03 forensic schedule analysis, RP 25R-03 lost productivity, Spearin and Eichleay doctrines, FAR/AIA/FIDIC contract law, and Daubert expert testimony standards. Candidates must submit 4 letters of recommendation. CFCC is regarded as the gold standard credential for forensic schedule analysts and damages experts in global construction disputes.

Sample AACE CFCC Certified Forensic Claims Consultant Practice Questions

Try these sample questions to test your AACE CFCC Certified Forensic Claims Consultant exam readiness. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1Under the Spearin doctrine, who bears the risk of defective design specifications provided by the owner to the contractor?

A.The contractor, because it has a duty to inspect

B.The owner, because it impliedly warrants the adequacy of plans and specifications

C.The architect, because it produced the drawings

D.The risk is shared equally between owner and contractor

Explanation: United States v. Spearin (1918) established that when an owner provides design specifications, it impliedly warrants their adequacy. If the contractor builds in compliance with those specifications and they are defective, the owner is liable for the resulting damages, even absent express warranty language.

2A federal contract contains FAR 52.236-2 (Differing Site Conditions). The contractor encounters subsurface rock not shown on the geotechnical report. This is most likely a:

A.Type I differing site condition

B.Type II differing site condition

C.Force majeure event

D.Constructive change

Explanation: A Type I differing site condition is a subsurface or latent physical condition that differs materially from those indicated in the contract documents. Because the rock contradicts the geotechnical report (a contract document), this is the textbook Type I claim.

3AACE Recommended Practice 29R-03 classifies forensic schedule analysis methods using a Method Implementation Protocol (MIP). Which method is described as observational and contemporaneous?

A.Impacted As-Planned (MIP 3.6)

B.Collapsed As-Built (MIP 3.7-3.9)

C.Contemporaneous Period Analysis / Windows (MIP 3.3)

D.But-For Analysis

Explanation: RP 29R-03 categorizes forensic schedule methods as observational (using actual progress data without modeling) versus modeled (using hypothetical schedule simulations). Contemporaneous Period Analysis (windows analysis, MIP 3.3) is observational because it examines what actually happened during defined time slices using contemporaneous schedule updates.

4Which forensic schedule analysis method is BEST described as 'additive simulation' that inserts delay events into the as-planned baseline?

A.Collapsed As-Built

B.Impacted As-Planned

C.Time Impact Analysis (TIA)

D.As-Planned vs. As-Built

Explanation: Impacted As-Planned (RP 29R-03 MIP 3.6) is an additive modeled method. Delay events are inserted (added) into the baseline schedule to simulate the projected impact. It is criticized for ignoring contractor performance and concurrent issues, but it is mechanically the additive simulation method.

5The Eichleay formula is used to calculate which type of damages?

A.Direct labor inefficiency

B.Lost profits on unbid work

C.Unabsorbed home office overhead during compensable delay

D.Acceleration costs

Explanation: The Eichleay formula (from Eichleay Corp., ASBCA 1960) calculates a daily home office overhead rate that was not absorbed by direct project billings during a government-caused suspension or compensable delay. It applies only when the contractor was on standby and could not take on substitute work.

6Under Federal Rule of Evidence 702 and the Daubert standard, an expert's testimony is admissible only if it is:

A.Generally accepted in the relevant scientific community (Frye standard only)

B.Based on sufficient facts/data, the product of reliable principles and methods, reliably applied to the case

C.Supported by at least one peer-reviewed publication

D.Provided by an expert with a Ph.D. in the relevant field

Explanation: FRE 702, as amended after Daubert v. Merrell Dow (1993), requires that the expert testify based on sufficient facts or data, the testimony be the product of reliable principles and methods, and that the expert reliably apply those principles to the facts of the case. The judge serves as gatekeeper.

7In a CPM schedule, the 'critical path' is BEST defined as:

A.The sequence of activities with the highest total cost

B.The longest continuous path through the network determining the project duration

C.The path with the most resources assigned

D.The path with the highest risk activities

Explanation: The critical path is the longest continuous chain of dependent activities through the network and therefore determines the minimum total project duration. Activities on the critical path have zero (or minimum) total float.

8A 'no damages for delay' clause in a construction contract is generally:

A.Always unenforceable as against public policy

B.Enforceable but with judicially recognized exceptions including bad faith, active interference, and fundamental breach

C.Only enforceable in federal contracts

D.Enforceable only if the contractor was warned during negotiations

Explanation: Most jurisdictions enforce no-damages-for-delay clauses but recognize exceptions: (1) delay not contemplated by the parties, (2) delay so unreasonable it constitutes abandonment, (3) delay caused by active interference or bad faith, and (4) delay caused by fundamental breach. Some states (e.g., NY by statute on public works) restrict the clauses.

9A contractor's daily superintendent log entries are an example of:

A.Contemporaneous project records

B.Retrospective evidence

C.Privileged work product

D.Hearsay inadmissible at trial

Explanation: Daily reports are contemporaneous project records - generated in the regular course of business as events unfold. They are usually admissible under FRE 803(6) (business records exception to hearsay) and carry significant evidentiary weight in claims because they were not created for litigation.

10Which damages calculation method establishes a baseline of unaffected productivity using a comparable, undisrupted work segment, then attributes the differential to the impact event?

A.Total cost method

B.Modified total cost method

C.Measured mile

D.Eichleay formula

Explanation: The measured mile method compares productivity during an unimpacted period (the 'mile') with productivity during the impacted period on the same project, isolating the cost or hours attributable to the disruption. AACE RP 25R-03 identifies measured mile as the most reliable lost productivity quantification method when an unimpacted period exists.

About the AACE CFCC Certified Forensic Claims Consultant Exam

The Certified Forensic Claims Consultant (CFCC) is AACE International's expert-level credential for senior practitioners in construction forensic claims, schedule delay analysis, and damages quantification. Candidates must submit four letters of recommendation and pass a 5-hour computer-based exam covering contract law, AACE Recommended Practices (especially 29R-03 and 25R-03), quantum analysis, claims preparation, and expert testimony.

Questions

100 scored questions

Time Limit

5 hours

Passing Score

70%

Exam Fee

Contact AACE (AACE International)

AACE CFCC Certified Forensic Claims Consultant Exam Content Outline

15%

Construction Contract Law Fundamentals

FFP/CPFF/T&M risk, FIDIC/AIA/ConsensusDocs/EJCDC, Spearin, Severin, Christian, FAR clauses

25%

Forensic Schedule Analysis Methods

AACE RP 29R-03 MIPs, observational vs. modeled, windows analysis, TIA, concurrent delay

20%

Quantum and Damages Analysis

Measured mile, total/modified total cost, segregated cost, Eichleay, lost productivity

15%

Claims Preparation and Defense

Entitlement-causation-damages, differing site conditions, change orders, REAs vs. CDA claims

15%

Dispute Resolution and Expert Testimony

Mediation, AAA/ICC arbitration, Daubert, FRE 702/703, deposition and testimony practice

10%

Project Records and Evidence

Daily reports, RFIs, submittals, schedule updates, chain of custody, native ESI files

How to Pass the AACE CFCC Certified Forensic Claims Consultant Exam

What You Need to Know

Passing score: 70%
Exam length: 100 questions
Time limit: 5 hours
Exam fee: Contact AACE

Keys to Passing

Complete 500+ practice questions
Score 80%+ consistently before scheduling
Focus on highest-weighted sections
Use our AI tutor for tough concepts

AACE CFCC Certified Forensic Claims Consultant Study Tips from Top Performers

1Master AACE RP 29R-03 cold - know each Method Implementation Protocol (MIP), and observational vs. modeled vs. additive vs. subtractive distinctions.

2Memorize the major construction-law doctrines: Spearin, Severin, Christian, Eichleay, cardinal change, constructive acceleration.

3Practice quantum methodology hierarchies: project-specific (measured mile) > industry studies (MCAA) > modified total cost > total cost.

4Know FRE 702 / Daubert factors and how courts apply them to schedule and damages experts.

5Use practice questions to drill the Type I vs. Type II differing site conditions distinction and concurrent vs. pacing vs. sequential delay.

Frequently Asked Questions

What is the AACE CFCC exam?

The Certified Forensic Claims Consultant exam is AACE International's expert-level credential covering construction claims, forensic schedule analysis (RP 29R-03), damages quantification (RP 25R-03), and expert testimony. It is a 5-hour computer-based test.

How long is the CFCC exam?

The CFCC exam is 5 hours long and administered as a computer-based test (CBT).

What are the prerequisites for the CFCC?

Candidates must demonstrate extensive forensic claims experience and submit four (4) letters of recommendation from peers familiar with their forensic work. AACE membership is encouraged but not required.

Which AACE Recommended Practices are most important for the CFCC?

RP 29R-03 (Forensic Schedule Analysis) is the cornerstone. Also critical: RP 25R-03 (Lost Labor Productivity), RP 27R-03 (Schedule Classification), RP 38R-06 (Schedule Basis Documentation), and RP 65R-11 (Cost and Schedule Risk Analysis).

Who administers the CFCC exam?

The CFCC is administered by AACE International, a global association for cost engineering, project controls, and forensic claims professionals.