Advanced FIDIC

Introduction: 

FIDIC forms of contracts are the most widely used contract internationally and more than 94 countries are members of FIDIC.

How to use FIDIC contracts and knowing the FIDIC suit of contracts will help you sharpen your skills and make you a much sought after manager in your niche (or chosen industry).

The workshop will deepen your knowledge, hone your skills and widen your expertise on FIDIC form of Contracts. The workshop will change the way you read contract/tender documents, empowering you with the knowledge and necessary skill required to be more effective in your work.  The workshop will also focus on key issues in Construction Contracts.

The four-day practical workshop will help delegates enhance their skill on the subject, resulting in a positive impact on the bottom line of the company. The workshop is a perfect opportunity to update your knowledge on Construction Contracts.

Course Objectives:      

By end of this course, delegates will be able to:

• Gain practical insight how to deal with FIDIC Contracts
• Understand Claims notification process
• Understand Common and Civil Law interpretation
• Understand how to reduce and take proactive steps in reducing claims right from the SOW stage
• Gain insight in to Most Frequent Clauses that give rise to claims in Construction Contract
• Learn Dispute Resolution Process under FIDIC
• Understand how to deal with and focus on impacts and risks in Variation Clause
• Understand in details entitlement to EOT and concept of Time At Large.
• Understand Delay Claims
• Learn contractual correspondence when dealing with claims.
• Understand the pitfalls in preparing Scope of Work (SOW)
• Understand methods involved in measuring Contractor Performance.
• International Best Practices

Course Content:

Day One:

Overview of FIDIC Contracts

• How FIDIC contracts are used worldwide
• FIDIC (What and Why?)
• FIDIC Publications
• International Institutes using FIDIC
• Composition of FIDIC Contracts
• FIDIC Conditions of Contracts for Works Contracts
• FIDIC Contracts Comparison Matrix
• FIDIC Sub-Contracts

Clauses that deal with allocation of Contractual Risks – its position in FIDIC

• Limitation of Liability (LOL)
• Liquidated Damages
• Consequential Loss
• Third Party Liability
• Indemnity
• Force Majeure
• Insurance

Day Two:

Other Important Clauses dealing with Contractual Risks

• Assignment and Delegation
• Representations
• Warranty
• Warranty and Guarantee
• Duty of Care
• IPR rights under contract
• Negligence/Gross Negligence/Wilful Misconduct
• Insurance
• Sole and exclusive Remedy
• Subrogation/Waive of Subrogation
• Governing law

Day Three:

Role of Engineer

• Parties to contract
• Role of Engineer in claim management and dispute resolution
• How Employers and Contractors understand the role of Engineer
• The impact/ effect of limiting the Engineers authority

Particular Conditions-Clauses which must be revised / added during the preparation of a PCs

Dealing with Claims under FIDIC

• Claims Procedure under FIDIC
• Claims – Civil and Common law
• Understanding what is counter claim
• Types of Claim
• Suggestions on How to avoid and deal with Claims

Day Four:

The Most frequent clauses which give rise to Claims

• Unforeseeable physical conditions
• Right of Access to the Site
• Delayed Drawings or Instructions.
• Adjustment for changes in legislation
• Commencement of the Works

Dispute Resolution in FIDIC Contracts

• Amicable settlement
• Arbitration under the ICC Rules
• Key points to successful arbitration

Key Issues in Construction Contracts

• Variations/Change order
• Scope of Work/Statement of Work
• Measuring Contractor Performance
• Commercial Terms and Conditions – Mitigating Risks
• Dealing with Defects (Types of Defects)
• Extension of Time (EOT)/ Time is the essence/ Time at large
• Programme and Records
• BOQ
• Design Error
• Termination
• Disruption
• Cost for Claims preparation
• Contractual correspondence – Claims