FIDIC Conditions of Contract

A Practical Guide to Understanding and Using the FIDIC Conditions of Contract-1999/ 2017 and Construction Contract Management

Major Benefits of Attending

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

Why you should attend?

The trainer will deploy a full range of lively and interactive training methods, including exercises, case studies, practice sessions and group discussions. This program is designed to help you enhance your knowledge of your key duties, responsibilities and potential liabilities in the area of construction contracts. You will have the opportunity to examine a number of critical legal areas that are relevant to your organisation, cases laws will be discussed with the participants for better understanding on the subject.

Course Overview

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 three-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.

Who should attend

Contract Heads, Directors, Managers, Engineers, Finance Managers, Development Engineers, Bidding Managers, Tendering Managers, Cost Control Managers, Claims Managers, Process Engineers, Structural Engineers, Technical Managers, Cost Engineers, Cost Estimation Engineers, Scheduling & Planning Managers, Product Development Engineers, Quality & Process Improvement Managers, Procurement Manager.

PROGRAM OUTLINE

Day 1

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-2

Understanding  Commercial Terms like:-

• Letter of Tender
• Letter of Acceptance
• Letter of Award
• Letter of Intent (LOI)
• Contract Data
• Tender Guarantee
• Performance Guarantee (PG)
• Advance Bank Guarantee (ABG)
• Retention Bank Guarantee (RBG)
• Parent Company Guarantee (PCG) 

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

 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-3

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 Contract Management

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