Course


FIDIC Conditions of Contract & Claims and Dispute Resolution

Overview

This course is designed to effectively gain the essential understanding of FIDIC contracts and outlines the various elements of the FIDIC 1999 suite of contracts, with emphasis on the Conditions of Contract for Construction 1999 (The "Red Book"). Besides, in the second part of the course, topics covered will be the basic concepts of delays, tracking delays, mitigating delays, baseline schedule as well as analyzing the effect of delay(s) on the baseline schedule. In addition, it is extended to give a detailed guide about preparing a comprehensive Extension of Time Request including the prolongation and disruption cost, claims avoidance, parties good and bad practices and other focal issues in claims and disputes.

Upon completion of this course, the student should be able to:

  • Gain sound knowledge of the various forms of FIDIC contracts and the philosophy of choosing the suitable form
  • Understand the most important clauses of the 1999 FIDIC’s Red Book
  • Appreciate the roles of key parties in a construction contract
  • Understand how parties’ claims arise under FIDIC 1999 and the mechanism for dispute resolution
  • How to analyze and manage the different types of delays
  • Understand what contracts are how to award contracts
  • How to make, manage and asses an acceleration plan
  • Define and Manage Baselines and Various Schedules
  • How to identify prolongation costs and what should be included in them
  • Maintain contractual requirements related to delays and claims
  • How to avoid claims
  • Determine contractual requirement(s) related to prolongation costs
  • How to identify, calculate and manage disruptions
  • Determine what to look at when defending an EOT
  • Different Dispute Resolution Techniques

Outline

  • FIDIC Forms of Contracts
  • Risk and Responsibility
  • General Provisions
  • Progress and Payment
  • Key Parties: Employer, Contractor, and Engineer
  • Completion  
  • Commencement, Progress
  • Disputes Resolution
  • Variations
  • Termination and Suspension
  • Claim of Extension of Time and/or Additional Cost

Causes of Delays

  • Project Different Schedules
  • Tracking Delays
  • Contract Documents
  • Why do claims occur?
  • Contractor’s and Employer’s Delays
  • Calculating Delays Effect/Impact on Schedule
  • Contract Analysis
  • Delay Mitigation
  • Acceleration Plan Prolongation Cost
  • Claims Avoidance (Employer and Contractor)
  • Dispute Resolution
  • Case Study

Course Duration

24 Hours

Workshop Format

Interactive sessions empowered with discussions of case studies

 

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