FIDIC Claims: Management of Claims and Resolution of Disputes

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Why Attend

With all FIDIC contracts there will be claims. This training course is designed to provide practical assistance to those working with the FIDIC Contract Conditions (1999 and 2017 Editions) in the management of claims and achieving resolution to claims, and in particular the workings of the Dispute Adjudication Board.

This practical 3-day training course, provided by a professional engineer with extensive international experience in claims and alternative dispute resolution, explains and illustrates contract management, claim management and dispute management under FIDIC Conditions of Contract for Construction (the “Construction Contract” or the “Red Book”) and the FIDIC Conditions of Contract for Plant and Design-Build (the “Design-Build Contract” or the “Yellow Book”).

The course is designed to provide participants with a professional understanding of the responsibilities and rights of the Parties under a FIDIC Contract and the procedures to manage claims, where the resolution of claims will be achieved more successfully. Throughout the course, exercises and case studies are provided to guide participants in the application of the FIDIC Clauses.

 

Course Methodology

Throughout the course there are interactive discussions, case studies, videos, and stimulating question and answer sessions.

 

Course Objectives

By the end of the course, participants will be able to:

 

  • Understand the claim and dispute resolution procedures under FIDIC Conditions of Contract
  • Recognize practical issues encountered on projects as to claims and disputes, and how to address those
  • Summarize recent FIDIC case law and other authorities as to claims and dispute matters
  • Apply practical/hands-on feedback and insights from an experienced FIDIC practitioner and a claims consultant
  • Demonstrate the necessary knowledge, advice and insights in order to navigate through the FIDIC claim and dispute provisions on their projects
 

Target Audience

This course provides the necessary knowledge for professionals from Government Ministries and Agencies, Private Sector Employers, Consulting Engineers, Contractors, Construction Managers, Quantity Surveyors, Architects, Legal Advisers, Funding Agencies, Insurers, and all others involved with FIDIC Contracts.

 

Course Outline

 

Introduction to FIDIC    

 

General Introduction

Introduction to the FIDIC Contracts

 

Managing Variations     

 

Variations covered by Clause 13 and related clauses

Definition

Initiation and instruction of variations

Role of the Engineer

FIDIC approach (Construction versus Plant and Design-Build Contract)

 

The Management of Claims

 

Claims: causes and risks

Inherent project risks

Allocation of risks under FIDIC contracts

Analysis of contractual risk

Notices and claims procedures

Clauses requiring notice by the Contractor

Employer’s/Engineer’s claims (Sub-Clause 2.5)

Delegation by the Engineer (Sub-Clause 3.2)

Contractor’s claims (Sub-Clause 20.1)

Notification of claims

Contemporary records

Preparation of claims

Engineer’s assessment and principles of claim

Engineers valuation

Engineer’s determination (Clause 3.5)

Claims for delay

Extension of time (Sub-Clause 8.4 and 8.5)

Force majeure (Sub-Clause 19.4)

Delay damages

Claims for additional payment I

Ground conditions (Sub-Clause 4.12)

Late possession (Sub-Clause 2.1)

Breaches of contract

Employer’s financial claims

Procedure

Delay damages

Defects in works and/or design

Defects in work and design

Retention and bonds

 

The Responsibilities of the Main Parties

 

General Issues

The Employer

The Engineer

The Contractor

Termination by the Employer

Suspension and Termination by the Contractor

Risk and responsibility

Force majeure

 

The Resolution of Disputes

 

Dispute Adjudication Board (DAB) principles

Types of DAB

Guarantees and general obligations of the DAB

Nomination of DAB

Qualifications and selection of members

Cost and Payments to the DAB

Dispute Adjudication Board working

Appointment Failure to agree Referral to the DAB

Presentation of evidence to the DAB

The DAB’s decision

Post-DAB decision processes

Implementation

Post-DAB mediation

Enforcement

Amicable settlement

Arbitration

 

Arbitrating Claims

 

ICC Rules

Selecting arbitrators

Use of experts




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