Day 1

Introduction

General Introduction

Introduction to the FIDIC Contracts

Managing Variations

Variations covered by Clause 13 and related clauses

Definition

Initiation and instruction of variations

Role of the Engineer

FIDIC approach (Construction versus Plant and Design-Build Contract)

The Management of Claims

Claims: causes and risks

Inherent project risks

Allocation of risks under FIDIC contracts

Analysis of contractual risk

Notices and claims procedures

Clauses requiring notice by the Contractor

Employer’s/Engineer’s claims, Sub-Clause 2.5

Delegation by the Engineer, Sub-Clause 3.2

Contractor’s claims, Sub-Clause 20.1

Notification of claims

Contemporary records

Preparation of claims

Engineer’s assessment and principles of claim

Engineers valuation

Engineer’s determination, Clause 3.5

Claims for delay

Extension of time, Sub-Clause 8.4 and 8.5

Force majeure, Sub-Clause 19.4

Delay damages

Claims for additional payment I

Ground conditions, Sub-Clause 4.12

Late possession, Sub-Clause 2.1

Breaches of contract

Employer’s financial claims

Procedure

Delay damages

Defects in works and/or design

Defects in work and design

Retention and bonds

Case study on claims procedures

Actions by the Contractor

Actions by the Employer

Actions by the Engineer

Day 2

The Responsibilities of the Main Parties

General Issues

The Employer

The Engineer

The Contractor

Termination by the Employer

Suspension and Termination by the Contractor

Risk and responsibility

Force majeure

The Resolution of Disputes

Dispute Adjudication Board principles

Types of DAB

Guarantees and general obligations of the DAB

Nomination of DAB

Qualifications and selection of members

Cost and Payments to the DAB

Dispute Adjudication Board working

Appointment

Failure to agree

Referral to the DAB

Presentation of evidence to the DAB

The DAB’s decision

Post-DAB decision processes

Implementation

Post-DAB mediation

Enforcement

Amicable settlement

Arbitration

Case study of dispute resolution by DAB

Presentation by Contractor

Employer’s response

DAB adjudication and decision

Arbitrating Claims

ICC Rules

Selecting arbitrators

Use of experts