Day 1: 09.30 - 17.00

Overview of FIDIC and the FIDIC construction contracts

• Outline of FIDIC and the FIDIC contracts
• The main current construction forms: Red, Yellow, Silver and Gold Books; the MDB harmonised edition
• Latest developments

The FIDIC Yellow and Silver Books: principles and detail

• FIDIC’s Yellow Book: its development, use and the roles of Employer, Contractor and Engineer
• Background to EPC / Turnkey Projects: why the Silver Book?
• What is an EPC or turnkey project?
• When is an EPC/turnkey type of project delivery used?
• Advantages and pitfalls of the EPC/turnkey model from contractor/employer’s perspectives
• Structure of the Yellow and Silver Books
• Clauses 1-3: the General Provisions ; law and language of the contract; the priority of documents; importance of the Particular Conditions; coordinating the General with the Particular Conditions
• Roles of Employer, Contractor and their Representatives in the Silver Book compared with Employer, Contractor and Engineer in the Yellow; principal documents; Employer’s Requirements; Employer’s claims
• Clauses 4 and 5: the Contractor’s obligations; design, execution, fitness for purpose in the Yellow and Silver Books
• Unforeseeable difficulties/physical conditions; errors in Employer’s Requirements; Contractor’s Documents; performance security; progress.
• Clauses 6, 7 and 8: Staff and labour; Plant, Materials and Workmanship; commencement, delays and suspension; the contract programme; extensions of time in the Yellow and Silver Book

Day 2: 09.00 - 17.00

The FIDIC Yellow and Silver Books: principles and detail (cont.)

• Delay damages – right to levy - liquidated damages and penalties.
• Clauses 9-12: Tests on and after completion; Employer’s Taking over; defects liability; tests after completion.
• Clauses 13 and 14: Variations, Adjustments and Payment.
• Clause 15: termination by Employer; Contractor default; termination for convenience
• Clause16: Suspension and Termination by the Contractor.
• Clauses 17-19: Allocation of specific risks; insurance obligations; Force Majeure - meaning and effect of force majeure events.
• Clause 20: Contractor’s claims; the Sub-Clause 20.1 time bar; importance of contemporary records; notices of claim; identifying claim events and circumstances.

Dispute resolution in the FIDIC contracts through DAB and Arbitration

• the DAB process: what is a DAB and how does it work?
• What happens if the dispute is not finally resolved after a DAB ?
• Amicable settlement
• Arbitration: what is arbitration and how is an arbitration conducted?
• How can the successful party enforce an arbitration award?
• Practical points about managing a dispute and reducing the risk of lengthy and expensive proceedings.

Case study and concluding discussion; presentation of certificates.