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FIDIC Matrix EPC/Turnkey, Plant & Design-Build and DBO Contracts course, Dubai 11-12 October 2017
This 2 -day intensive course will provide a thorough understanding of the three main FIDIC contractor-design (design-build) forms of contract widely used in international projects: the EPC/Turnkey (Silver Book) form of contract, the Plant & Design-Build (Yellow Book) and the relatively recent (2008) Design-Build-Operate (Gold Book) form. An important part of the course will cover making and defending claims under FIDIC contracts.
The course is accredited by FIDIC and each delegate will receive a course completion certificate.
The course begins by introducing FIDIC and the FIDIC suite of contracts, including latest developments. We place the Silver, Yellow and Gold Books in context, examining the specific needs or objectives which each form was introduced to meet and showing how each relates to and contrasts with the other FIDIC forms. Only by seeing each contract in context can one properly understand it.
We follow with a detailed consideration of individual clauses of the three Books, beginning with the EPC/Turnkey model of procurement underlying the Silver Book and highlighting the main distinguishing features of this FIDIC design-build form. We examine main clauses of the Yellow and Gold Books, comparing and contrasting the Yellow Book and the design-build phase in the Gold Book with the Silver Book on such key issues as contractor responsibility for design, fitness for purpose, errors in Employer’s Requirements and unforeseeable physical conditions. We highlight the new procedures, terminology and structure of the Gold Book so that delegates will have a thorough grasp of this complex area.
Topics to be covered include practical points about drafting particular conditions (including the new structure in the Gold Book) and the need to co-ordinate them with the general conditions; progress and programme; delays and extensions of time; delay damages – penalties and liquidated damages; plant, materials and workmanship; testing, taking over or commissioning; operation service provisions in the Gold Book; defects liability; the contract price; variations, adjustments and payment; allocation of specific risks; force majeure (Silver and Yellow Books) or exceptional risks (Gold Book).
We also consider in detail the claims process under the FIDIC construction contracts including the sub-clause 20.1 time bar. We look at practical points about making and defending claims, managing a dispute and reducing the risk of lengthy and expensive proceedings as well as how the contracts provide for resolving disputes, including the DAB process, amicable settlement and arbitration.
Throughout the 2 days there will be opportunity to discuss and debate the material covered aided by case studies and active participation will be encouraged.