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Why Attend
This course is designed to provide practical guidance to those involved in the management or administration of projects where use of FIDIC forms of contracts is required. The course covers management disciplines and procedures in the “Pre-Contract” phase of the project including the FIDIC Client Consultant Service Agreement and selection of the appropriate FIDIC form of contract. It also covers the “Post Contract” award phase, including all contract management disciplines and claim management issues.
This practical course explains and illustrates the use of the FIDIC conditions of contract for construction (the “Construction Contract”) and the FIDIC conditions of contract for plant and design-build (the “Design-Build Contract”). The course covers the 1999 Contracts books with highlights regarding the 2017 Second Editions.
The course will enable participants to gain confidence in working with these documents, whether they represent employers, consultants or contractors.
Course Methodology
This course is highly interactive and includes group discussions, case studies and syndicate work. It also includes practical exercises that enable all participants to apply the advanced knowledge they gained and demonstrate their skills in managing FIDIC Contracts.
Course Objectives
By the end of the course, participants will be able to:
Apply the correct FIDIC form of contract that is best suited for each project
Implement FIDIC’s principles, mechanisms, and best practices for contract and project management
Demonstrate the responsibilities, obligations, and entitlements of the employer and the contractor
List the engineer’s different roles, duties, and responsibilities in relation to FIDIC contracts
Apply the correct payments, claims, and dispute resolution mechanisms as envisaged by the FIDIC contracts
Target Audience
This course provides the necessary knowledge for professionals from government entities, private sector employers, consulting engineers, contractors, quantity surveyors, architects, legal advisers, funding agencies, insurers, and all professionals involved with FIDIC contracts.
Course Outline
FIDIC contract documents: Introduction and principles
Introduction to FIDIC
Background to FIDIC contracts
Harmonization based on the type of project
Features of the 1999 editions
Structure of the documents
Forms
Main differences between the 1999 construction contract and the 1987 Red Book
User friendliness
Preparation of conditions of contract
The legal character of FIDIC conditions of contract
Relationship between FIDIC conditions of contract and legal systems
Risk analysis
Which form to use
Overview of the 1999 contracts
Construction contract
Main differences between the construction contracts
Responsibilities of the main parties
Clause 1: General provisions and general issues
Clause 2: The employer
Clause 3: The engineer
Clause 4: The contractor
Clause 5: Construction contract – nominated subcontractors
Clause 5: Plant and design-build contract – design
Management of projects
Clause 6: Staff and labor
Clause 7: Plant material and workmanship
Clause 8: Commencement delays and suspension
Tests on completion
Clause 9: Tests on completion
Clause 10: Employer’s taking over; defects liability
Clause 11: Plant contract – tests after completion
Financial clauses and procedures
Clause 12: Construction contract – measurement and evaluation
Clause 13: Variations and adjustments
Clause 14: Contract price and payment
Suspension and termination
Clause 15: Termination by employer
Clause 16: Suspension and termination by contractor
Risk, liability and force majeure
Clause 17: Risk and responsibility
Clause 18: Liability and insurance
Clause 19: Force majeure
Claims, disputes and arbitration
Clause 20: Claims, disputes and arbitration
Inherent project risk
Contractor’s claims and employer’s claims; claims procedures
Disputes
Amicable settlement
Dispute adjudication board
Arbitration
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