FIDIC Module 2: The Management of Contract Claims and the Resolution of Disputes under the 1999 FIDIC Contracts, Kathmandu, Nepal

7 August, 2019 - 08:45 to 8 August, 2019 - 17:00

Type:

Course/Workshop

Language:

English

Location:

Hotel Wood Land, Durbarmarg, Kathmandu

Kathmandu

Nepal

Fees:

Delegate Fee: NPR 80,000.00 for both Modue 1 and Module 2

Registration

Past event

Registration date:

29 July, 2019 - 08:30 to 7 August, 2019 - 17:30

The 1999 FIDIC Conditions of Contract 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 have adopted the 1999 FIDIC Conditions of Contract for Construction with modifications known as Harmonised Construction Contract.

Module 2 is designed to provide practical assistance to those working with the FIDIC 1999 Contract Conditions in the management of variations claims whether time and/or cost related. The objective is to avoid claims becoming disputes but should this occur the FIDIC Dispute Adjudication process is fully explained. As with Module 1 work exercises bring the Contract clauses to “life” with the participation of all delegates in their solution.

Both Module 1 and Module 2 are applicable to all the Parties involved within a 1999 FIDIC Contract including representatives of the Employer, the Contractor, the Engineer, and associated professionals. By having a professional understanding of the responsibilities and rights of the Parties under 1999 FIDIC Contracts, the prospects for successful projects are greatly increased and the resolution of claims will be achieved more successfully.

About the trainer:

Ms. Asel El Housan is an accredited FIDIC trainer.

Contact for information:

Mr. Durga Nidhi Sharma
Tel. no. 01-5705189/9851178860
Website: www.smart.info.np
E-mail: [email protected]

Themes:

Module 1 - Practical use of FIDIC Conditions of Contracts

Group Extras

More information

Programme

PROGRAMME OUTLINE FOR MODULE 2
“The Management of Variations and Claims (Cost and Time)”

FIDIC Contract Module 2:
Ensuring that staff using FIDIC contracts can manage claims and disputes. Explaining the notification procedure for the different types of Claims, how to prepare and submit the claims and the Variations, discussing the employer’s Claims and the Contractor’s Claims, and the evaluation of the Claims and variations.
Introduction
- Definition and differences
- Proper documentation in place
- Differences between FIDIC 1987 and 1999
- Differences between 1999 and 2017.

What is the Variation
- Definition
- Variation sources
- Variation after the issuance of the Taking over Certificate.
- Value Engineering

Scope of work between Lump Sum and re-measured Contract

BOQ rates between Lump Sum and Re-measured Contract

Variation Procedure
- BOQ rates and prices
- Fixing the rates based on the BOQ
- Introducing new rates
- Omission
- Substantiation
- Breakdown of Lump Sum item

Variation Determination
- Engineer’s Authority to fix the rate
- Applicable rates
- Due Consultation
- Variations exceeding 20%
- Adjustment of rates
- Adjustment for change in cost
- Adjustment for change in legislation

Daywork

Provisional Sum
- Definition of Provisional Sum
- Use of Provisional Sum

Nominated Subcontractors
- Definition of “nominated Subcontractor”
- Objection to Nomination

- Payments to nominated Subcontractors
- Evidence of Payments

Claim Management
- What is the Claim
- Risk allocation and management

Contractor’s Claim
- Claim Procedure
- Claim Time Bar
- Notification of Claims
- Submission of Particulars
- Failure to submit
- Engineer’s assessment and principles of claim
- Engineers valuation
- Engineer’s determination, Clause 3.5
- Payment of Claim

Employer’s Claim
- Claim Procedure
- Claim Time Bar
- Notification of Claims
- Submission of Particulars
- Failure to submit
- Engineer’s assessment and principles of claim
- Engineers valuation
- Engineer’s determination, Clause 3.5

*Interim submission

Program
- Base Line
- Program
- Recovery Program
- Program update

Time Extension
- When the time can be extended

Procedure of submission
- When the time can be extended
- Loading the events to the Base Line Program
- Cause and Effect Analysis
- Claim Substantiation
- The impact of absence of the approved Program

Prolongation cost
- What is Prolongation Cost
- Prolongation Cost calculation

Penalties or Liquidated Damages

Force Majeure
- Claim Procedure
- Claim Effect
- Claim Quantum

Disruption Claim
- Documentation and submission
- Claim Principle
- Claim Quantum

Loss of Productivity Claim
- Documentation and submission
- Claim Principle
- Claim Quantum

Acceleration Claim
- Documentation and submission
- Claim Principle
- Claim Quantum

Damages Claim
- Documentation and submission
- Claim Principle
- Claim Quantum

Abortive Work Claim
- Documentation and submission
- Claim Principle
- Claim Quantum

Disputes and Arbitration
- Disputes
- Amicable Settlement
- Dispute Adjudication Board
- Arbitration

Who should attend:

The training course provides the necessary knowledge for professionals from Government Ministries and Agencies, Private Sector Employers, Consulting Engineers, Contractors, Quantity Surveyors, Architects, Planning team, Legal Advisers and all involved with the implementation and management of large Works Contracts. It is particularly important to those involved in preparing or managing infrastructure projects financed under MDBs' Funds, the EU Cohesion and Structural Funds, as all their Works Contracts use the FIDIC Conditions of Contract.

Terms and Conditions: