FIDIC Contracts Management: Practical Use of FIDIC Contracts
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FIDIC Contracts Management: Practical Use of FIDIC Contracts Course
Introduction:
This course offers valuable practical guidance for individuals involved in project management or administration, particularly when utilizing FIDIC forms of contracts. It provides comprehensive coverage of management disciplines and procedures in both the "Pre-Contract" and "Post-Contract" phases of a project, ensuring participants are equipped to navigate the complexities of FIDIC contracts effectively.
During the "Pre-Contract" phase, the course focuses on essential topics such as the FIDIC Client Consultant Service Agreement and the selection of the appropriate FIDIC form of contract. Participants will gain a deep understanding of the considerations and processes involved in this phase, laying a strong foundation for successful contract management.
In the "Post-Contract" award phase, the course covers a wide range of contract management disciplines and claims management issues. Participants will acquire the necessary skills and knowledge to effectively manage contracts and handle claims within the framework of FIDIC contracts. The course provides practical explanations and illustrations of the use of the FIDIC conditions of contract for construction (the "Construction Contract") and the FIDIC conditions of contract for plant and design-build (the "Design-Build Contract").
While focusing on the 1999 Contracts books, the course also offers insights into the highlights and updates introduced in the 2017 Second Editions. This ensures participants are up to date with the latest developments in FIDIC contracts, allowing them to confidently work with these documents.
Regardless of whether participants represent employers, consultants, or contractors, this course will empower them to navigate FIDIC contracts with confidence. By the end of the course, attendees will have gained the necessary knowledge and skills to effectively work with FIDIC forms of contracts and contribute to the successful management of projects.
Join us in this practical course to enhance your understanding of FIDIC contracts and strengthen your ability to manage projects involving their use. By gaining confidence in working with these documents, you will be better equipped to fulfill your role, whether as an employer, consultant, or contractor, and drive successful project outcomes.
Course Objectives:
By the end of the course, participants will be able to:
- Apply the correct FIDIC form of contract that is best suited for each project
- Implement FIDIC’s principles, mechanisms, and best practices for contract and project management
- Demonstrate the responsibilities, obligations, and entitlements of the employer and the contractor
- List the engineer’s different roles, duties, and responsibilities in relation to FIDIC contracts
- Apply the correct payments, claims, and dispute resolution mechanisms as envisaged by the FIDIC contracts
- The different types of contracts available within the FIDIC suite
- How risks and responsibilities are apportioned within the contracts
- How individual clauses within the contracts work
- How to deal with variation and change
- How to deal with the financial aspects of payment under FIDIC contracts
- How claims can arise, and how they should be handled
- How to deal with disputes as they arise
Who Should Attend?
This course provides the necessary knowledge for professionals from government entities, private sector employers, consulting engineers, contractors, quantity surveyors, architects, legal advisers, funding agencies, insurers, and all professionals involved with FIDIC contracts.
- Contracts personnel in Oil and Gas industries
- Project managers
- Cost engineers
- Quantity surveyors
- Procurement personnel
- Tendering personnel
- Buyers
- Financial personnel involved with contractors
- Legal and commercial staff new to FIDIC forms, or needing a refresher
- All those involved in the selection of contract forms or their negotiation or management
Course Outlines:
FIDIC CONTRACT DOCUMENTS: INTRODUCTION AND PRINCIPLES
- Introduction to FIDIC
- Background to FIDIC contracts
- Harmonization based on the type of project
- Features of the 1999 editions
- Structure of the documents
- Forms
- Main differences between the 1999 construction contract and the 1987 Red Book
- User-friendliness
- Preparation of conditions of contract
- The legal character of FIDIC conditions of contract
- Relationship between FIDIC conditions of contract and legal systems
- Risk analysis
- Which form to use
- Overview of the 1999 contracts
- Construction contract
- Main differences between the construction contracts
RESPONSIBILITIES OF THE MAIN PARTIES
- Clause 1: General provisions and general issues
- Clause 2: The employer
- Clause 3: The engineer
- Clause 4: The contractor
- Clause 5: Construction contract – nominated subcontractors
- Clause 5: Plant and design-build contract – design
MANAGEMENT OF PROJECTS
- Clause 6: Staff and labor
- Clause 7: Plant material and workmanship
- Clause 8: Commencement delays and suspension
TESTS ON COMPLETION
- Clause 9: Tests on completion
- Clause 10: Employer’s taking over; defects liability
- Clause 11: Plant contract – tests after completion
FINANCIAL CLAUSES AND PROCEDURES
- Clause 12: Construction contract – measurement and evaluation
- Clause 13: Variations and adjustments
- Clause 14: Contract price and payment
SUSPENSION AND TERMINATION
- Clause 15: Termination by employer
- Clause 16: Suspension and termination by contractor
RISK, LIABILITY AND FORCE MAJEURE
- Clause 17: Risk and responsibility
- Clause 18: Liability and insurance
- Clause 19: Force majeure
CLAIMS, DISPUTES, AND ARBITRATION
- Clause 20: Claims, disputes, and arbitration
- Inherent project risk
- Contractor’s claims and employer’s claims; claims procedures
- Disputes
- Amicable settlement
- Dispute adjudication board
- Arbitration