Contractual Issues CTEL-TM-OTM Practice Questions (Page 2)

Questions 6–10

1. 6foundation · easy

   In a fixed-price test contract, which statement best describes the financial risk allocation between the buyer and the provider?

   • ABoth parties share cost overruns equally, based on a pre-agreed percentage.
   • BThe buyer bears the risk of cost overruns, while the provider is reimbursed for actual hours worked.
   • CThe provider bears the risk of cost overruns, while the buyer pays a predetermined price regardless of actual effort.
   • DThe provider bears no financial risk because the buyer pays for all approved changes.
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2. 7expert · hard

   A test manager and a client are in a dispute over the ownership of test artifacts. The contract is silent on this issue. The client claims ownership of all test artifacts, while the test manager believes the supplier retains ownership of the test approach and tools. What is the most appropriate first step?

   • ARefuse to deliver any test artifacts until the dispute is resolved.
   • BReview the contract and any related documents to determine if there is an implied or explicit ownership clause, and then discuss the issue with the client.
   • CImmediately escalate to arbitration as specified in the contract.
   • DAccept the client's claim and transfer all artifacts, including the test approach.
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4. 8foundation · easy

   What is a common contractual risk in a time-and-materials test contract?

   • AThe provider is incentivized to over-deliver
   • BThe buyer has no control over the testing approach
   • CThe provider has no incentive to finish quickly
   • DThe buyer may face unpredictable total costs
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5. 9application · medium

   A test manager is monitoring a contract with a test tool vendor. The contract includes an SLA for tool uptime of 99.5%. The vendor has reported 99.2% uptime for the last quarter. What is the most appropriate action?

   • AInvoice the vendor for the difference in uptime without discussion.
   • BAccept the 99.2% uptime because it is close to the target.
   • CReview the uptime calculation methodology and the vendor's reports to confirm the breach and discuss corrective actions.
   • DImmediately terminate the contract and switch to a different vendor.
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6. 10application · medium

   During contract negotiation for a test automation project, the client wants to include a clause that requires the test automation scripts to be delivered as a deliverable. The test manager is concerned about the maintainability of the scripts. What is the most important negotiation point to clarify?

   • ADefine the acceptance criteria for the scripts, such as code review standards and documentation requirements.
   • BAgree on a fixed price for the scripts regardless of their quality.
   • CSpecify that the scripts will be delivered in a proprietary format to protect intellectual property.
   • DInclude a clause that the supplier is not responsible for script maintenance after delivery.
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