Course Overview

Under the general law of contract, a contract which is enforceable at law exists when a party makes an offer to deliver goods and/or services for some certain consideration and the party who receives the offer, accepts it.

In the construction industry, the offer is made by a contractor who tenders to carry out the construction works in return for a sum of money and if the offer is accepted by the client then the biding contract comes into being.

Since the construction industry is more complex with potential ambiguities and disputes, more care should be given while choosing and drafting the Contract. Therefore, there are several international organizations who publish the standard conditions of contract and among them FIDIC is widely accepted and used in many construction projects.

Use of standard form of contract is advantageous as the practitioners in the industry are more comfortable using it, with which they are familiar, and which is usually capable of interpretation by reference to readily available materials.

This course will provide holistic education/training to the delegates for the best practice in dealing with the contracts which are formed using the FIDIC conditions of the contract. In order to minimise the risks involved in the contractual obligations, it is essential for all the developers, contractors, consultants to train their employees on the contractual provisions and its applicability throughout the construction period.

Zoe Talent Solutions have designed this module in an easier way to understand all the stages of contracting, from project development and feasibility studies to completion of projects.

Course Objectives

Upon completing this FIDIC Contracts Course successfully, participants will be able to:

• Gain a better understanding on contractual terms stipulated within the FIDIC contracts
• Improve their contractual agreement drafting skills (specially in amending the Particular Conditions)

• Understand various types of FIDIC contracts and be able to select the appropriate FIDIC contract for the projects

• Gain an understanding on the entitlements in case of any disputes arises within the project

• Effectively apply the contractual provisions in dealing with the variations, claims and payments and able to notify the engineer as per the contractual requirement

• Interpret and compare the contractual provisions between standard forms of contract and bespoke contracts

• Understand the importance of insurance, bond and guarantees requirements on the project

• Understand the contractual provisions related to claims, dispute and arbitration

Training Methodology

At Zoe Talent Solutions, we carefully consider to meet the training expectations of every participant. We understand the profile of our participants and how meeting the objectives of this course can impact their work. We design case studies and make participant draft FIDIC contracts to get a hands-on experience. We believe learning is most effective when practically applied.

The course facilitator will provide feedback and enhance the learning of every participant through one on one coaching sessions. This course is practically approached and will definitely aid in empowering our participants in mastering FIDIC contracts.

Zoe Talent Solutions applies Do–Review–Learn–Apply Model in all our training courses.

Organisational Benefits

The organisation who would get their professionals to register in this course will benefit in the following ways:

• Well drafted FIDIC Contracts
• FIDIC clauses well applied thus removing any room for ambiguity
• Important aspects such as Time for Completion, Variations, Payments, etc are well-considered
• Duties and responsibilities are well defined to increase accountability

Personal Benefits

Participants who attend the FIDIC Contracts Course will enjoy the following benefits:

• Gain mastery in using FIDIC conditions of contract
• Hands-on practical training which are scenario-based as per the engagements in your organisation
• Empower yourself to efficiently manage claims, disputes and arbitration
• Minimise the risks involved in the contractual obligations

Who Should Attend?

This FIDIC Contracts Course would be suitable for:

• Project Directors
• Contract Managers
• Project Architects
• Quantity Surveyors
• Site Managers
• Planners
• Cost Controllers
• Company Executives
• Claim Specialist

Course Outline

MODULE 1: Introduction to FIDIC  

• What is Contract?
• Standard Forms of Contract vs Bespoke Contracts
• What is FIDIC?
• Different types and appropriate selection of FIDIC forms
• Overview of the FIDIC Clauses

MODULE 2: General Provisions and Obligation of Parties

• Definition and Interpretation
• Priority of Documents
• Employer’s Duties
• Contractor’s Duties
• Engineer’s Duties

MODULE 3: Key Contractual Provisions   –1  

• Commencement  and Completion
• Programme
• Claim for Extension of Time for Completion
• Delay Damages
• Suspension of Works

MODULE 4: Key Contractual Provisions – 2

• Measurement and Evaluation
• Variations and adjustment
• Advance and Interim Payments
• Final Payments
• Certificates

MODULE 5: Key Contractual Provisions  3

• Tacking Over of Works
• Defects Liability
• Termination
• Frustration
• Force Majeure

MODULE 6: Key Contractual Provisions  4

• Indemnities   
• Risks
• Limitation of Liability
• Insurances
• Bonds and Guarantees

MODULE 7: Key Contractual Provisions  5

• Nominated Subcontractors
• Payments provisions for Nominated Subcontractors
• Staff and Labour
• Plant, Material and Workmanship
• Tests

MODULE 8: Claims, Dispute and Arbitration  

• Claims Management
• Dispute Adjudication Board
• Procedure and decisions of DAB
• Amicable Settlement
• Arbitration

MODULE 9: Particular Conditions and Appendices

• Conditions of Particular Applications
• Bonds and Guarantees
• Letter of Tender
• Appendix to Tender
• Contract Agreement