FIDIC CONTRACTS & ARBITRATION FOR CONSTRUCTION & INFRASTRUCTURE PROJECTS

Course Objective

• Apply the correct FIDIC form of contract that is best suited for each project
• Implement FIDIC’s principles, mechanisms, and best practices for contract and project management
• Demonstrate the responsibilities, obligations, and entitlements of the employer and the contractor
• List the engineer’s different roles, duties, and responsibilities in relation to FIDIC contracts
• Apply the correct payments, claims, and dispute resolution mechanisms as envisaged by the FIDIC contracts

Target Audience

• professionals from government entities
• private sector employers
•  consulting engineers
• contractors
• quantity surveyors
• architects, legal advisers
•  funding agencies
• insurers
• all professionals involved with FIDIC contracts.

Course Outline

FIDIC contract documents: Introduction and principles

• Introduction to FIDIC
• Background to FIDIC contracts
• Harmonization based on the type of project
• Features of the 1999 editions
• Structure of the documents
• Forms
• Main differences between the 1999 construction contract and the 1987 Red Book
• User friendliness
• Preparation of conditions of contract
• The legal character of FIDIC conditions of contract
• Relationship between FIDIC conditions of contract and legal systems
• Risk analysis
• Which form to use
• Overview of the 1999 contracts
• Construction contract
• Main differences between the construction contracts

Responsibilities of the main parties

• Clause 1: General provisions and general issues
• Clause 2: The employer
• Clause 3: The engineer
• Clause 4: The contractor
• Clause 5: Construction contract – nominated subcontractors
• Clause 5: Plant and design-build contract – design

Management of projects

• Clause 6: Staff and labor
• Clause 7: Plant material and workmanship
• Clause 8: Commencement delays and suspension
• Clause 10: Employer’s taking over; defects liability

Tests on completion

• Clause 9: Tests on completion
• Clause 11: Plant contract – tests after completion

Financial clauses and procedures

• Clause 12: Construction contract – measurement and evaluation
• Clause 13: Variations and adjustments
• Clause 14: Contract price and payment

Suspension and termination

• Clause 15: Termination by employer
• Clause 16: Suspension and termination by contractor

Risk, liability and force majeure

• Clause 17: Risk and responsibility
• Clause 18: Liability and insurance
• Clause 19: Force majeure

Claims, disputes and arbitration

• Clause 20: Claims, disputes and arbitration
• Inherent project risk
• Contractor’s claims and employer’s claims; claims procedures
• Disputes
• Amicable settlement
• Dispute adjudication board
• FIDIC CONTRACTS & ARBITRATION FOR CONSTRUCTION & INFRASTRUCTURE PROJECTS