Leading Strategies in Resolving Contractual Claims & Disputes (FIDIC Claims) Tra

Created by LEC Team
Last updated Mon, 27-Mar-2023
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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


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