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Programme overview

This Module 2 training course will bring you the necessary detailed knowledge and insights as to the claim management and dispute resolution provisions under the FIDIC Conditions of Contract, 1999 Edition. Although focused on the 1999 Edition of the FIDIC Red & Yellow Book Contracts, the course will also present the main features of the 2017 Edition of those forms, and the main changes brought by this recent update to the 1999 Edition, as far as relevant to the topics covered under the course

It covers the identification of project risks, their allocation, and the various causes of claim which can emerge over a construction contract and the way FIDIC addresses those. It details the way to handle claims – preparation, submission, assessment, determination under FIDIC Contracts, and how disputes are prevented or otherwise resolved. The course will incorporate a large portion of actual project experiences feedback, as well as a presentation of relevant recent authorities on such matters (case law in particular). Various case studies / work exercises will be proposed to participants so as to facilitate capacity building through hands-on applications and extensive interaction with the tutor and the other participants.

Programme objectives

This online training Module will allow you to:

• Thoroughly understand the claim & dispute resolution procedures under FIDIC 1999 Conditions of Contract
• Get the necessary knowledge about the main changes introduced by the 2017 Update of the Red & Yellow Books
• Be aware of practical issues encountered on projects as to claims and disputes, and how to address those
• Learn from recent FIDIC case law and other authorities as to claims & dispute matters
• Benefit from practical/hands-on feedback and insights from an experienced FIDIC practitioner

Who should attend

This training course is specifically designed for those involved in the administration of FIDIC Contracts, either acting as Employer, Engineer, Contractor, consultant/advisor (claim consultant, legal advisor, etc), and wishing to increase their knowledge and benefit from practical insights as to the claim management & dispute resolution mechanisms under FIDIC Conditions of Contract.

Teaching method

Live online sessions + homework on case-studies

Content

Module 2 detailed programme

Session 1 – Risk allocation and claim causes

• Principles of risk allocation under FIDIC forms of Contract
• Comparative risk allocation profile within the 1999 FIDIC Suite of Contract
• Events giving rise to claims

Session 2 – Claim procedures

• Contractor’s claims 
• Time bar on notices => fatal to a claim? Impact of governing law
• Fully detailed claims – Records and substantiation
• Employer’s Claims

Session 3 – Claims quantum

• Legal and contractual basis
• Measure of damages
• Limitation of liability
• Records and Substantiation
• Disruption costs
• Indirect costs - overheads

Session 4 – Extension of Time claims

• Delay damages under the contract and at law – common law / civil law perspective
• EoT entitlements under the contract
• Who owns the float? FIDIC vs SCL comparison
• Delay analysis techniques
• Claim recommended structure and contents

Session 5 – Wrap-up on claims 

• Claim recommended structure and contents
• Sources of authority for claims
• Your claim issues

Session 6 – Dispute resolution methods

• What is a dispute?
• Presentation of Alternative Dispute Resolution (ADR) methods in the construction industry
• Dispute Adjudication Boards under FIDIC forms of Contract

Session 7 – DAB core principles

• Mandatory first step of dispute resolution
• Formation, obligations
• Want of impartiality/conflict of interest guidelines
• Jurisdiction
• Fees, liability and expiry

Session 8 – DAB Procedural Rules 

• Site visits
• Dispute prevention
• Natural justice
• Decision process
• Post-decision events

Session 9 – Arbitration 

• Enforcement of DAB decisions
• Arbitration rules
• Arbitration seat
• Award recognition & enforcement – New York Convention
• Your dispute resolution issues

Course work

The live course events, assessments and discussions will take place on FIDIC's new eLearning platform FIDIC Academy. This online course requires access to a computer with good internet connection and preferably a working microphone and camera. 

Workload

• A session of 2 hours every 2 weeks plus case study work at home between each session
• All lectures and classroom sessions are recorded and can be reviewed at any time, not to miss any session. No final exam is required.

Starting date

Course starting date: 21 October 2022

Registration deadline: 14 October 2022

Course schedule

• Event 1 – Friday, 21 October 2022, 14.00 - 16.00 CET

• Event 2 – Thursday, 27 October 2022, 14.00 - 16.00 CET

• Event 3 – Friday, 4 November 2022, 14.00 - 16.00 CET

• Event 4 – Friday, 11 November 2022, 14.00 - 16.00 CET

• Event 5 – Friday, 18 November 2022, 14.00 - 16.00 CET

• Event 6 – Friday, 2 December 2022, 14.00 - 16.00 CET

• Event 7 – Friday, 9 December 2022, 14.00 - 16.00 CET

• Event 6 – Friday, 16 December 2022, 14.00 - 16.00 CET

• Event 9 – Monday, 19 December 2022, 14.00 - 16.00 CET

Admission criteria

Having attended Module 1 or having previous practical knowledge of FIDIC contracts is recommended. This online course only requires that participants have access to a computer with an internet connection either at their workplace or at home, whichever is more convenient regarding the timing of the sessions.

Books

Participants will receive access to the following electronic books 2 - 3 days before the start of the programme: 

- Construction Contract 1st Ed (1999 Red Book)

- Plant and Design-Build Contract 1st Ed (1999 Yellow Book)

- Construction Contract 2nd Ed (2017 Red Book)

- Plant and Design-Build Contract 2nd Ed (2017 Yellow Book)

Official FIDIC certificate

A Certificate of Completion will be provided by FIDIC to the participants having attended all sessions (either live or recorded) and submitted in writing all of the exercises or case works on the FIDIC Academy eLearning platform. The participants who do not meet this requirement will not receive a certificate.

Costs

Cost: Euro 2000.

A 10% group discount will be applied should 2 or more participants from the same firm register for this course.

Signature features

• A trainer who is seasoned and currently active business practitioner and expert in their field
• An international and diverse environment with students from across the world
• Practical experience on the use of the FIDIC Yellow and Red book

Trainer

The course tutor is a FIDIC accredited trainer:

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Vincent Leloup: Eur Ing, MSc. Water Management, MSc. Agronomy, FIDIC Accredited Trainer and Dispute Adjudicator, Member of the FIDIC Contracts  Committee

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