Day 1: 09.30 - 17.00

The EPC/turnkey model

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?
 
Overview of FIDIC and the FIDIC forms of contracts

Outline of FIDIC and the FIDIC contracts
The main current construction forms: Red, Yellow, Silver and Gold Books; the MDB harmonised edition
Main distinguishing features of the Silver Book: Unforeseeable difficulties, Design responsibility, Operations of Nature
Latest developments
 
The FIDIC Silver Book: principles and detail

Clauses 1-3: the General Provisions and the Employer: Governing law/ procedural law; ruling language and communication; priority of documents.
Tailoring the Contract: the Particular Conditions
Obligations of Employer; administration; Employer’s instructions; determinations ; Employer’s claims
Clauses 4 and 5: the General obligations of contractor; securing performance; Contractor’s representative; Subcontracting
Sufficiency of the contract price – deeming provisions; Contractor’s responsibility for errors in Employer’s Requirements; Contractor’s documents; other obligations of Contractor
 
  
 Day 2: 09.00 - 17.30
 

Clauses 6 and 7 : Staff and labour; progress reports; remedial work; testing
Clauses 8: commencement, delays and suspension; the Programme; importance; Delay damages – right to levy - liquidated damages and penalties.
Clauses 9-12: Tests on and after completion; Employer’s Taking over; defects liability.
Clauses 13 and 14: Variations, Adjustments and Payment.
Clause 15: termination by Employer; Contractor default; termination for convenience.
Clause 16: 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