FIDIC: Contract Conditions, Technical Specifications and Claim Management

Obsah školenia: FIDIC: Contract Conditions, Technical Specifications and Claim Management

Why FIDIC Contracts?

FIDIC contracts are being increasingly used by the international Construction Industry throughout the World. The Multi-Lateral Development Banks, including the World Bank, Inter-American Development Bank & Caribbean Development Bank and EBRD have adopted the FIDIC Conditions of Contract.

Majority of EC financed projects based also on FIDIC conditions or conditions derivate from FIDIC conditions.

• FIDIC Contract Conditions, Technical Specifications

Delegates will be provided with a sound understanding on the practical use of the FIDIC Construction (Red Book) & Design-Build (Yellow Book) Contracts. The course will be divided in 2 parts.

First day will provide a thorough, up-to-date understanding of the FIDIC form of Contract (the Red and Yellow Book, 1999). It will be systematically examined the provisions of the Red Book general conditions, highlighting differences and similarities with the other FIDIC design-build construction forms, particularly the Yellow Book. Those attending should be in a better position to assess the relative risks and benefits of using a Yellow Book based Contract for a design-build. Other topics to be covered include practical points about drafting particular conditions and the need to co-ordinate them with the general conditions; progress and programme - importance and requirements; delays and extensions of time; delay damages - penalties and liquidated damages; performance securities; plant, materials and workmanship; tests on and after completion; taking over; defects liability; the contract price; variations, adjustments and payment; termination and suspension; allocation of specific risks; insurance obligations; force majeure - meaning and effect of force majeure events.

The second part of the course will focus in writing and understanding technical specifications and their role in Tender Documents. Especially in lacks and mistakes in Technical Specifications that could generate additional Variation Orders. Experience in writing them will avoid also additional Contractor claims.

Merits of this training will revert in more skill for all the attendant in all the above-mentioned issues with practical application in all the imminent open tender procurement processes of several projects based on these conditions.

• Claim Management

A Claim arises if one of the contractual Parties find that he is required to provide some unexpected, additional Work or Services. Generally, any change or modification of existing Contract may lead to a Claim. The request has often a form of adjustment to the Contract as a result of some event which has occurred, a form of additional reimbursement for unforeseen Work or for additional time (EoT) for execution of Works. The lecture will handle with preparation, submission, assessment, determination under FIDIC Contracts, and how disputes are prevented or otherwise resolved.

Dispute resolution under the FIDIC Contracts is Emphasized and the issues of notices, claims and time bars are discussed in detail. This practical course is supplemented by true life case studies and group discussions ensure that delegates come away with a good understanding of the FIDIC philosophy.

Case study from a project WWTP in Prague (costs 200 Mill. EUR) with manual and introduction for Extension of Time and itemized financial Claim will be presented.

Throughout the course, attendants will have ample opportunity to discuss and debate the material covered, aided by case studies, and active participation will be encouraged.

Target audience

Who should attend?

This course is aimed at providing systematic and practical guidance and the necessary knowledge for funding agencies, Government Ministries and agencies, professionals, technicians on site, procurement specialists, engaged in WB, EBRD and EC financed projects with a design-build element.
It will appeal engineers, private sector employers, project managers, architects, legal advisors, contractors and any others engaged in design-build projects with a cross-border element. All those attending and completing the course will be provided with a certificate verifying their participation in this event.
Throughout the two days there will be ample opportunity to discuss and debate the material covered, aided by case studies, and active participation will be encouraged.
Admission criteria: good understanding and speaking level of English, actual practical experience in using the FIDIC contract documents, basic understanding of construction contracts is an advantage.