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Why Attend
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.
Course Methodology
Throughout the course there are interactive discussions, case studies, videos, and stimulating question and answer sessions.
Course Objectives
By the end of the course, participants will be able to:
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Understand the claim and dispute resolution procedures under FIDIC Conditions of Contract
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Recognize practical issues encountered on projects as to claims and disputes, and how to address those
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Summarize recent FIDIC case law and other authorities as to claims and dispute matters
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Apply practical/hands-on feedback and insights from an experienced FIDIC practitioner and a claims consultant
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Demonstrate the necessary knowledge, advice and insights in order to navigate through the FIDIC claim and dispute provisions on their projects
Target Audience
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.
Course Outline
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
Delay damages
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
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