FIDIC CLAIMS: MANAGEMENT OF CLAIMS AND RESOLUTION OF DISPUTES

TRAINING OVERVIEW

Amidst all FIDIC contracts, the occurrence of claims is inevitable. This training program aims to offer practical support to individuals engaged with FIDIC Contract Conditions (both the 1999 and 2017 Editions) in handling and resolving claims effectively, with a specific focus on the operations of the Dispute Adjudication Board. Led by a seasoned professional engineer with extensive global experience in claims and alternative dispute resolution, this hands-on five-day training initiative elucidates the intricacies of contract, claim, and dispute management within the framework of the FIDIC Conditions of Contract for Construction (commonly known as the "Red Book") and the FIDIC Conditions of Contract for Plant and Design-Build (often referred to as the "Yellow Book"). Participants will acquire a comprehensive understanding of the obligations and entitlements of the involved parties under a FIDIC Contract, along with the procedures for handling claims, thereby facilitating more successful resolution outcomes. Throughout the duration of the course, practical exercises and case studies will be provided to guide participants in applying the various FIDIC Clauses effectively. 

 TRAINING TOPICS

• Managing variations     
• The management of claims
• The responsibilities of the main parties
• The resolution of disputes
• Arbitrating claims

By the end of this training course, delegates will be able to

• Understand the claim and dispute resolution procedures under FIDIC Conditions of Contract
• Recognize practical issues encountered on projects as to claims and disputes, and how to address those
• Summarize recent FIDIC case law and other authorities as to claims and dispute matters
• Apply practical/hands-on feedback and insights from an experienced FIDIC practitioner and a claims consultant
• Demonstrate the necessary knowledge, advice and insights in order to navigate through the FIDIC claim and dispute provisions on their projects

TRAINING IS TAILORED TO

This course provides the necessary knowledge for professionals from Government Ministries and Agencies, Private Sector Employers, Consulting Engineers, Contractors, Construction Managers, Quantity Surveyors, Architects, Legal Advisers, Funding Agencies, Insurers, and all others involved with FIDIC Contracts.

TRAINING METHODOLOGY

The training methodology employed for this program blends theoretical learning with practical application to ensure a comprehensive understanding and effective implementation of the concepts covered. The training sessions will be interactive, incorporating lectures, group discussions, case studies, and hands-on exercises to cater to diverse learning styles and facilitate active engagement. Participants will have the opportunity to apply the acquired knowledge in real-world scenarios through practical simulations and role-playing exercises, allowing them to develop practical skills and gain confidence in their abilities. Additionally, continuous assessment and feedback mechanisms will be integrated throughout the training to monitor progress and address any learning gaps promptly. By employing this holistic approach to training, participants will not only acquire theoretical knowledge but also develop practical skills that they can immediately apply in their professional roles, ensuring a meaningful and impactful learning experience.

DAY ONE:  

INTRODUCTION TO FIDIC    

• 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)

DAY TWO:  

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

 DAY THREE:

THE RESPONSIBILITIES OF THE MAIN PARTIES

 General Issues

• The Employer
• The Engineer
• The Contractor
• Termination by the Employer
• Suspension and Termination by the Contrac