The training course is developed to supply participants with a specialist understanding of the responsibilities as well as rights of the Parties under a FIDIC Agreement and also the treatments to manage insurance claims, where the resolution of claims will certainly be achieved a lot more effectively. Throughout the training course, workouts and case studies are provided to guide individuals in the application of the FIDIC Conditions.

Program Purposes of Contractual Claims and Disputes

• Comprehend the insurance claim as well as disagreement resolution treatments under FIDIC Problems of Contract
• Acknowledge functional concerns encountered on projects as to claims and disagreements, and exactly how to attend to those
• Apply practical/hands-on comments and understandings from a skilled professional and cases professional
• Demonstrate the required understanding, recommendations, as well as understandings to browse with the insurance claim and also disagreement stipulations on their projects

Day 1
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 2
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

Day 3
Procedure

• Delay damages

• Defects in works and/or design

• Defects in work and design

• Retention and bonds

The Responsibilities of the Main Parties

• General Issues

• The Employer

• The Engineer

• The Contractor

• Termination by the Employer

• Suspension and Termination by the Contractor

• Risk and responsibility

• Force majeure

Day 4
The Resolution of Disputes

• Dispute Adjudication Board (DAB) principles

• Types of DAB

• Guarantees and general obligations of the DAB

• Nomination of DAB

• Qualifications and selection of members

• Cost and Payments to the DAB

• Dispute Adjudication Board working

• Appointment Failure to agree Referral to the DAB

• Presentation of evidence to the DAB

• DAB’s decision

• Post-DAB decision processes

• Implementation

• Post-DAB mediation

Day 5
Enforcement

• Amicable settlement

• Arbitration

• Arbitrating Claims

• ICC Rules

• Selecting arbitrators

• Use of experts