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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.

This workshop is a perfect opportunity to update your knowledge on FIDIC Contracts, and dealing with contractual risk provisions, including dispute resolution under FIDIC Contracts.

Course Objectives:

You Will Learn to:

  • Identify contract components and understand the process and latest updates
  • Select the right contract type for your project
  • Decipher contract legalese
  • Choose the offer that will result in the best value for your organization
  • Agree on objectives, requirements, plans, and specifications
  • Negotiate favourable terms and make revisions to the contract
  • Apply the rules of contract interpretation in project disputes
  • Administer contracts appropriately and know when and how to terminate before or upon completion

Course Outline:

Introduction to FIDIC

  • 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 Risk – its position in FIDIC

  • Limitation of Liability (LOL)
  • Consequential Loss
  • Third Party Liability
  • Indemnity
  • Delay Damages
  • Defects Liability
  • Termination of Contract
  • Suspension by Contractor
  • Termination by Contract

Other Important Clauses dealing with Risks- learn how to transfer the risks in a contract

  • Force Majeure
  • Insurance ( waiver of subrogation)
  • Assignment and Delegation
  • Variations
  • Representations
  • Warranty
  • Warranty and Guarantee
  • Fit For Purpose
  • Duty of Care
  • Concurrent Delay
  • IPR rights under contract

Role of Engineer

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

Understanding FIDIC clauses in detail

  • Employers obligations
  • Contractors obligations
  • Performance Security
  • Contractor Representative
  • Quality Assurance
  • Progress Reports
  • Security on Site
  • Staff and Labour
  • Health and Safety
  • Testing/Rejection and Remedial Works
  • Ownership of Plant and Materials
  • Commencement of Work
  • Time for Completion
  • Programme
  • Extension of Time
  • Delayed Test &Retesting
  • Failure to pass Test on Completion
  • Employers Taking –Over.
  • Nominated Sub-contractors

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

Dealing with Claims under FIDIC

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

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

Dispute Adjudication Board (“DAB”)

  • History of DAB
  • Dispute Boards under FIDIC conditions of contract
  • Composition of DAB
  • Agreement with DAB Member
  • General Conditions of Dispute Adjudication Agreement
  • Procedure of DAB
  • Decisions of the DAB
  • Replacement of Member of DAB
  • DAB distinguished from Arbitration
  • Arbitration in FIDIC Books

SCL Guidelines:

  • Claims
  • Delays
  • Extension of Time
  • Acceleration
  • Disruption

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

General Notes

  • All our courses can be facilitated as Customized In-House Training course.
  • Course duration is flexible and the contents can be modified to fit any number of days.
  • As for Open Enrolment Courses, we offer our clients the flexibility to chose the location, date, and time and our team of experts who are spread around the globe will assist in facilitating the course.
  • The course fee includes facilitation, training materials, 2 coffee breaks, buffet lunch and a Certificate of successful completion of Training.
  • FREE Consultation and Coaching provided during and after the course.
Customized Schedule is available for all courses irrespective of dates on the Calendar. Please get in touch with us for details.
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