It has been over a decade since FIDIC introduced its first edition construction and engineering contract. The contracts have been used on a multitude of projects across the globe and have gained recognition as the pre-eminent construction and engineering contract. In this two day workshop, we take a practical, hands on look at the FIDIC contracts, focusing on claims, the roles and responsibilities of the parties and of the engineer, and other matters which have practical implications for users of the contracts. Some matters to be covered in this workshop include:
Claims: when to bring them, how to bring them, how to defend them;
Notices: when to serve them, how to serve them, what to do when you receive one;
Evaluating extension of time claims: the role of the program;
Risk allocation: how the different contracts allocate risk;
Roles of the parties and of the Engineer;
Disputes: how to avoid them and what to do when they arise
The workshop will pick up key provisions from every clause of the contract so that delegates get a comprehensive overview of the complete contract.
Select and Register for FIDIC Conditions of Contract
What You Get in Class
- A comprehensive set of workshop notes will be issued to every attendee.
- Project Victor Course completion certification
- 2-Days at a reputable hotel that includes 2 coffee breaks and International Buffet lunch
- Pens, Pencils, Markers, Eraser
Our instructor has a BA, LLB degree from Wits and an LLM (cum laude) from RAU. She also has a second LLM in advanced contract law from Wits and an MA from the Victoria University, Wellington. She has completed the Association of Arbitrators’ specialization in construction law and the Higher Diploma in Arbitration and was tutor for the Association’s well respected courses. She has taught law for more than twenty years and has written training courses, manuals and seminar notes for the construction and other industries. She has lectured law both to lay people and law students and has conducted numerous training seminars for the construction industry. She provides ongoing consulting services to private firms and government.
She has a particular interest in risk allocation in standard construction contracts, and the FIDIC Contracts in particular. She has provided training on these matters in Africa, the Pacific, and Australasia. She is an associate member of the Arbitrators’ and Mediators’ Institute New Zealand and a member of the Society of Construction Law, New Zealand.
Hands On, Interactive Presentation
This workshop is designed around case studies and practical examples. Delegates are encouraged to discuss matters, raise questions with the presenter and work out practical solutions to practical problems. Through a combination of lectures, discussion and hands on problem solving, this workshop will provide a thorough, comprehensive understanding of the FIDIC documents at work.
Two Days (equivalent to 14 Contact Hours )
The general objectives of this workshop are to give delegates:
- An overview of all the contracts in the FIDIC family;
- An understanding of the structure, overall approach to risk and language used in the FIDIC contracts;
- An understanding of their rights and obligations under the FIDIC contracts, and the consequences of not fulfilling or upholding these;
- Insight into how claims are brought, managed and defended under the FIDIC contracts;
- The ability to identify clauses which may raise problems in practice;
- An understanding of how to avoid these problems through sound contracting practices;
- An awareness of some ambiguities or uncertainty in the FIDIC contracts; and
- The tools to overcome some of these uncertainties
FIDIC Contract Document and Course Notes
Delegates are encouraged to bring their own sets of the FIDIC contract documents to the seminar, but this is not essential. A comprehensive set of Workshop notes will be issued at the Workshop.
The FIDIC contracts are suitable for use under a variety of legal systems. The workshop is designed to meet the needs of delegates from all jurisdictions.
The workshop will follow the same structure as the FIDIC documentation, being based around the 20 clauses that run across the FIDIC contracts. It will therefore be useful irrespective of which FIDIC contract you happen to be working on.
We start this session by introducing the FIDIC contracts – explaining where they come from, why the contracts have such global popularity, and what contracts are in the FIDIC Family.
We then go on to explore which FIDIC contract you would use for which project. The obligations of the Owner (Employer) and his agent (the Engineer) are also discussed. The Topics covered in this session include:
- Procurement under the FIDIC Contracts: Choosing the right contract for your project.
- Risk allocation: How the different FIDIC contracts allocate risk
- Clause 1: General Provisions: This clause covers important matters like: how to serve notices, what legal system applies, how the contract is entered into, what happens if drawings are issued late
- Clause 2: The Employer: Here we focus on the duties of the owner of the works – the obligation to give access to the site, to give information about his financial arrangements, and other duties. Claims by the Employer are also discussed
- Clause 3: The Engineer: The Engineer is the owner’s agent who manages the contract on his behalf. We will consider the Engineer’s duties and authority. Also, whether the Engineer is supposed to be impartial or whether he acts in the interests of his client, the Employer. The Engineer’s role is determining claims is also considered.
- Clause 4: The Contractor: Here we focus on the duties of the Contractor, with particular focus on: Security: Performance guarantees, retention money, advance payment guarantees, Unforeseen physical conditions.
- Clause 5: Nominated Subcontractors: Here we look at the Contractor’s liability for work of a nominated subcontractor. Some topics covered here include: how and when subcontractors can be nominated, when the contractor can refuse to appoint a nominated subcontractor direct payment to nominated subcontractors
- Clause 6: Staff and Labor: This clause details the Contactor’s obligations regarding his staff and labor, working hours, health and safety, facilities for staff, and related matters.
In this session, we cover Clause 7 (Plant, Materials and Workmanship) and Clause 8 (Commencement, Delays and Suspension). Some topics discussed here include:
- Ownership of plant and materials: who owns goods stored on (and off) site?
- Inspections and Testing.
- Time for completion
- Commencement, delays and stages of completion
- Extension of time claims
- The program
- Liquidated damages for delay
- Suspension of work
Session 4 focuses on Clauses 9, 10 and 11. These three clauses deal with:
- Tests on completion
- Taking over the works by the Employer. Here we will consider: What happens if the Employer uses the works before taking over? Sectional taking over, What happens if the Employer is not ready to take over the works?
- Defects liability: The FIDIC defects notification period, Extending the defects notification period, Cost of remedying defects
Session 5 focusses on clauses 12, 13, 14. These clauses deal with the important issues of variations to the work, valuing variations and payment. We will spend some time looking at how changes to the work can be instructed, and how payment for changes is valued. Matters covered in these clauses include:
- Tests after completion
- Variations: How variations are issued, value engineering, and how variations are valued;
In this session, we focus on the clauses relating to termination, suspension, risk and responsibility (Clauses 15, 16 and 17). Matters covered here include:
- When is a party entitled to cancel the contract?
- Termination for convenience
- Suspension of work by the Contractor – the grounds for suspension and claims for delay caused by suspension
- Limitation of liability
The focus of this session is Contractor’s claims, including the process for making claims. Some topics covered here include:
- Force majeure in different jurisdictions
- Claiming under force majeure and claiming under Employer’s risk
- Claims for time, claims for money and claims for both
- The process for making claims: serving notices, time barring
In this final session, we look at dispute resolution. We focus on adjudication and the FIDIC Dispute Adjudication Board
Delegates who attend this workshop will acquire:
- an awareness of some pitfalls when working with the FIDIC contracts;
- an awareness of projects where the FIDIC contracts have been used; and
- insight into how the FIDIC contracts work in practice, on both big and small projects.
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