With all FIDIC contracts there will be claims. This training course is designed to provide practical assistance to those working with the FIDIC Contract Conditions (1999 and 2017 Editions) in the management of claims and achieving resolution to claims, and in particular the workings of the Dispute Adjudication Board.
This practical 3-day training course, provided by a professional engineer with extensive international experience in claims and alternative dispute resolution, explains and illustrates contract management, claim management and dispute management under FIDIC Conditions of Contract for Construction (the “Construction Contract” or the “Red Book”) and the FIDIC Conditions of Contract for Plant and Design-Build (the “Design-Build Contract” or the “Yellow Book”).
The course is designed to provide participants with a professional understanding of the responsibilities and rights of the Parties under a FIDIC Contract and the procedures to manage claims, where the resolution of claims will be achieved more successfully. Throughout the course, exercises and case studies are provided to guide participants in the application of the FIDIC Clauses.
Throughout the course there are interactive discussions, case studies, videos, and stimulating question and answer sessions.
By the end of the course, participants will be able to:
This course provides the necessary knowledge for professionals from Government Ministries and Agencies, Private Sector Employers, Consulting Engineers, Contractors, Construction Managers, Quantity Surveyors, Architects, Legal Advisers, Funding Agencies, Insurers, and all others involved with FIDIC Contracts.
Introduction to FIDIC
General Introduction
Introduction to the FIDIC Contracts
Managing Variations
Variations covered by Clause 13 and related clauses
Definition
Initiation and instruction of variations
Role of the Engineer
FIDIC approach (Construction versus Plant and Design-Build Contract)
The Management of Claims
Claims: causes and risks
Inherent project risks
Allocation of risks under FIDIC contracts
Analysis of contractual risk
Notices and claims procedures
Clauses requiring notice by the Contractor
Employer’s/Engineer’s claims (Sub-Clause 2.5)
Delegation by the Engineer (Sub-Clause 3.2)
Contractor’s claims (Sub-Clause 20.1)
Notification of claims
Contemporary records
Preparation of claims
Engineer’s assessment and principles of claim
Engineers valuation
Engineer’s determination (Clause 3.5)
Claims for delay
Extension of time (Sub-Clause 8.4 and 8.5)
Force majeure (Sub-Clause 19.4)
Delay damages
Claims for additional payment I
Ground conditions (Sub-Clause 4.12)
Late possession (Sub-Clause 2.1)
Breaches of contract
Employer’s financial claims
Procedure
Defects in works and/or design
Defects in work and design
Retention and bonds
The Responsibilities of the Main Parties
General Issues
The Employer
The Engineer
The Contractor
Termination by the Employer
Suspension and Termination by the Contractor
Risk and responsibility
Force majeure
The Resolution of Disputes
Dispute Adjudication Board (DAB) principles
Types of DAB
Guarantees and general obligations of the DAB
Nomination of DAB
Qualifications and selection of members
Cost and Payments to the DAB
Dispute Adjudication Board working
Appointment Failure to agree Referral to the DAB
Presentation of evidence to the DAB
The DAB’s decision
Post-DAB decision processes
Implementation
Post-DAB mediation
Enforcement
Amicable settlement
Arbitration
Arbitrating Claims
ICC Rules
Selecting arbitrators
Use of experts
INFORMATECH is the region’s leading provider of in-house custom-designed courses. We have been tailoring in-house solutions for our clients aimed at helping them achieve short term training wins or long term strategic requirements. In addition to being significantly cost effective, these courses are constantly in demand because they:
If you did not find the appropriate date or venue suitable for you, or you would like to join the course online, you can request a custom course from the link below.
We offer group and corporate discounts on many courses. These discounts are available for clients who want to maximize their return on investment.
We offer individual discounts on many courses for people who are self-sponsored and make their payment in full and upfront at the time of registration.
Nominations to our public courses are to be processed by the client’s HR/Training department except for self-nominations which are to be paid in advance using the “payment by self” option on the online registration form. A refund will be issued back to the client in the event of course cancellation or seat unavailability. Registration confirmation is subject to INFORMATECH's review of registration request and seat availability.
Clients are responsible for any type of tax levied in their country.
If you are interested in having a course custom-designed for your organization, please submit a request using the link below. Once we receive your duly completed request, one of our business development professionals or consultants will get in touch with you to understand your requirements with more detail and answer any relevant questions you may have. After all pertinent information has been exchanged, we will work on the custom-designed request and send you the proposal you require and work with you to identify the ideal period and place for delivering the custom-designed solution.