FIDIC Contracts & Arbitration for Construction & Infrastructure Projects

Course Code: EM06

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
  • Arbitration


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Date & Location

Date : 15 April 2018

Duration : 5 days

Place : Istanbul

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Date : 06 May 2018

Duration : 5 days

Place : Dubai

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Date : 22 July 2018

Duration : 5 days

Place : Kuala Lumpur

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