Event
FIDIC Matrix:The FIDIC Gold and Silver Books Contracts course, 26-28 November 2014, London
The course begins by introducing FIDIC and the FIDIC suite of contracts, including latest developments.
We place the Gold and Silver 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.
We follow with a detailed consideration of the individual clauses of the two 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 the main clauses of the Gold Book, comparing and contrasting its design-build elements 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, and we consider such issues as whether and to what extent the Gold Book can be adapted to brownfield (upgrading or refurbishment) projects, sometimes called Operate-Design-Build, as opposed to new-build or greenfield scenarios.
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; termination and suspension; allocation of specific risks; insurance obligations; force majeure (Silver Book) or exceptional risks (Gold Book); contractor’s and employer’s claims (including the sub- clause 20.1 time bar in Silver Book and the new provisions in the Gold).
We also consider how the contracts provide for resolving disputes: the DAB process in both Books and the new provisions in the Gold; dispute avoidance, amicable settlement and arbitration, including the different arbitration institutions and how arbitration awards may be enforced. We look at practical points about claims, managing a dispute and reducing the risk of lengthy and expensive proceedings.
Throughout the 3 days there will be ample opportunity to discuss and debate the material covered aided by case studies and active participation will be encouraged.
The course leader will be William Godwin supported by Ewan Maclean.
Matrix Seminars
16 Manor Way, Blackheath, London SE3 9EF
Tel: +44 (0) 203 390 0421
Fax: +44 (0) 203 390 0423
E-mail: [email protected]
Web site: www.matrix-seminars.com