FIDIC Claims and Disputes Module 2, Botswana, 17-18 April 2013

17 April, 2013 - 08:30 to 18 April, 2013 - 18:00

Type:

Course/Workshop

Language:

English

Fees:

P 6,250.00 per participant; P 5,500.00 ACEB Members; a discount is applied if both modules are attended

Organiser/partner:

Association of Consulting Engineers Botswana

Registration

Past event

Registration date:

11 April, 2013 - 17:00 to 16 April, 2013 - 17:00

Management of Claims and Dispute Resolution
Ensuring that staff using FIDIC contracts can manage claims and disputes (FIDIC Contracts Manual Module 2).

FIDIC Contracts Training Courses take participants over a period of two days in an organised and structured way through the contents of one of the modules of the FIDIC Contracts Training Manual.
Participation is limited to some 50 with an accredited trainer providing detailed explanation, courses notes and cases studies and leading In-depth discussions.

Contact for information:

Sheilagh on +267 72306530 or Elaine on +267 71642327

Alternatively email :
[email protected] or
[email protected]

Themes:

Module 2

Group Extras

More information

Off-line registration

April 2013 Registration Forms.pdf

Programme

Day 1 Day 2

Introduction The Responsibilities of the Main Parties

-General Introduction -General Issues

-Introduction to the FIDIC Contract -The Employer

-The Engineer

Managing Variations -The Contractor

-Variations covered by Clause 13 and -Termination by the Employer

related clauses -Suspension and Termination by the Contractor

-Definition -Risk and responsibility

-Initiation and instruction of variations -Force majeure

-Role of the Engineer

-FIDIC approach The Resolution of Disputes

Dispute Adjudication Board principles

The Management of Claims - Types of DAB

Claims: causes and risk - Guarantees and general obligations of the DAB

-Inherent project risks - Nomination of DAB

-Allocation of risks under FIDIC contracts - Qualifications and selection of members

-Analysis of contractual risk - Cost and Payments to the DAB

Notice and claims procedures Dispute Adjudication Board working

-Clauses requiring notice by the Contractor -Appointment

-Employer’s/ Engineer’s claims, -Failure to agree

Sub-Contract 2.5 -Referral to the DAB

-Delegation by the Engineer -Presentation of evidence to the DAB

Sub-Clause 3.2 -The DAB’s decision

Contractor’s claims, Sub-Clause 20.1 Post-DAB decision processes

-Notification of claims -Implementation

-Contemporary records -Post-DAB mediation

-Preparation of claims -Enforcement

-Engineer’s assessment and principles -Amicable settlement

of claim -Arbitration

-Engineer’s valuation

-Engineer’s determination, Clause 3.5 Case study of dispute resolution by DAB

-Presentation by Contractor

Claims for delay -Employer’s response

-Extension of time, Sub-Clause 8.4 & 8.5 -DAB adjudication and decision

-Force majeure, Sub-Clause 19.4

-Delay damage Arbitrating Claims

-ICC Rules

Claims for additional payment I -Selecting arbitrators

-Ground condition, Sub-Clause 4.12 -Use of experts

-Late possession, Sub-Clause 2.1

-Breaches of contract

Employer’s financial claims

-Procedure

-Delay damages

-Defects in works and/or design

-Retention and bonds

Case study on claims procedures

-Actions by the Contractor

-Actions by the Employer

-Actions by the Engineer

Who should attend:

The courses provide the necessary knowledge for professionals from ministries and agencies, private sector employers, consultants and consulting engineers, contractors, quantity surveyors, architects, legal advisers and all involved with the implementation and management of services agreements and works contracts. They are particularly important for those involved in preparing or managing infrastructure projects financed under funds provided by development agencies and the European Union cohesion and structural funds.

Terms and Conditions: