Effective Use and Understanding of the FIDIC Contract Conditions
An intensive two-day review of the FIDIC Contracts (including the MDB version of the Construction Contract) and how they work in practice.
17 June 2009
2 Days
-
GBP 1199 + VAT
Membership Price: 599.5 + VAT London
8.30-9.00
5.00
27716
Why should you attend this conference
Claims seem to be an unavoidable feature of the construction industry, absorbing precious time, money and staff resources in what is often a fruitless exercise.
This conference deals with claims arising from the FIDIC Contract conditions by giving an authoritative explanation of the provisions of those conditions and a practical guide to managing, preparing and negotiating the claims that arise from them. It will enable you to recognise and understand potential claims, and to present, assess and quantify them properly.
Key benefits
1. Your rights and responsibilities under the FIDIC contract
2. The contractual or legal basis of claims
3. Defined procedures for dealing with Extension of Time
4. Quantifying and measuring delay, disruption and acceleration
5. Contract programmes and float
6. Substantiation of costs
7. Substantiation of value
8. Presentation of claims
9. Negotiation and settlement
10. Dispute resolution procedures
Who should attend
Anyone involved in claims under FIDIC Conditions of Contract, including:
- Owners
- Contractors
- Engineers
- Suppliers
- Quantity Surveyors
- Project Managers
- Lawyers
Previous delegates have included:
- Commercial and contracts directors and managers
- Technical and operations directors and managers
- Project directors, managers and engineers
- Lawyers
Speakers
Sean Brannigan – 4 Pump Court – has a wide ranging commercial practice with particular expertise in construction, professional negligence, information technology and commercial work. He has extensive experience of domestic and international disputes, particularly those relating to adjudication proceedings. He has been involved in many of the high profile construction cases of the last five years.
Peter H J Chapman is a chartered arbitrator, chartered civil engineer and barrister. As arbitrator, adjudicator and conciliator/mediator he has undertaken over 250 construction dispute references mostly concerned with major infrastructure projects. He is a leading exponent of dispute boards as a means of avoiding and resolving commercial disputes.
Steven Friel is a partner in the dispute resolution group of Davies Arnold Cooper LLP and specialises in international arbitration andcommercial litigation. He has acted across a range of commercial, industrial and governmental sectors, with particular experience in insurance and construction disputes. An accredited mediator, Steven advises on the full range of alternative dispute resolution (ADR) mechanisms.
John Goodman is Associate Partner, Davies Arnold Cooper LLP. Over the last 20 years John has handled substantial building, civil and marine engineering disputes in over 20 jurisdictions worldwide. John is regularly retained by a number of the leading European civil and marine engineering contractors in the capacity of advisor and advocate. He is a member of the London Court of International Arbitration.
Danny Gowan, Senior Partner,Davies Arnold Cooper LLP, specialises in the area of construction, civil and mechanical engineering. He also has wide experience of a variety of insurance matters, advising on all aspects of professional indemnity, contractors’ risks and public liability insurance. In addition to extensive litigation and arbitration experience, Danny has undertaken a wide range of non-contentious work domestically and internationally.
Simon Hughes is a barrister and member of Keating Chambers specialising in construction, engineering, energy and professional negligence law. He has acted on cases relating to power generation, utilities, process plants, shipbuilding, mining and other major infrastructure projects and is the co-author of the new commentary on the FIDIC Red Book.
Dr Roger Maddrell is a consultant civil engineer with Halcrow Group Plc. He has over 38 years worldwide experience in harbours, coastal and geotechnical engineering, roads, river engineering, flooding, groundwater and dams. His experience includes management, environmental aspects and working with the legal profession and the insurance industry.
Rowan Planterose is Head of the Construction Group at Davies Arnold Cooper LLP where the majority of his work is for substantial contractors or their professional advisers. Rowan specialises in complex construction and engineering disputes, including associated professional negligence actions, whether in litigation, arbitration or adjudication. His work within the engineering field includes structural, civil, mechanical and electrical.
David Streatfeild-James Q.C. – Atkin Chambers – is recognised as one of the leading silks at the construction bar. He acts as advocate and advisor, both domestically and overseas, in court and arbitration proceedings concerning major construction, engineering, transport, infrastructure, and oil and gas projects.
Roger ter Haar Q.C. is a barrister who has practiced for over 30 years. He specialises in construction law, insurance and reinsurance disputes and cases arising out of the negligence of professionals. His involvement with disputes under FIDIC contracts stretches over 20 years. He sits as an arbitrator in UK and international arbitrations, is a qualified adjudicator and is a Deputy High Court Judge.
Programme
Day one
FIDIC overview
- Introduction to organisation
- Suite of contracts
Overview of FIDIC contracts
- The FIDIC contracts
- Common themes
- Basic layout
- Introduction to Red Book
Workshop one in groups
- Thorough Red Book analysis
- Includes MDB harmonised version
Red,Yellow, Silver Book comparison
- Primary differences
Payment and variation
- Basis of evaluation
- Lump sum payment
- Value engineering
- Covers all versions
Risk allocation, responsibility and insurance
- Principles of risk allocation
- The insurance requirements
- Cover all versions
Workshop two in groups
- Development of a practical scenario
- Includes discussion of choice of contract
- Risk from project and allocation of that risk
- Role of the Engineer
Plenary session – discussion of workshop outcomes
Day two
The Gold Book
- Introduction to this (proposed) contract
Design responsibility
- The differences between contracts
- Fitness for Purpose and its meaning in law
- Covers all versions
Claims
- By contractor
- By employer
- Adverse ground conditions
- Covers all versions
Workshop three in groups
- A development of the scenario at Workshop two
- Events during a project
- Dealing with them: employer, engineer
- Claims
- Run as meeting between employer and contractor
The engineer's duties under the contracts
- Covers all versions
Dispute Resolution Scheme
The Dispute Board
- The DAB or DRB – what are the differences?
- Appointments of members
- Standing or ad hoc boards
- Red, MDB,Yellow and Silver Book boards
Arbitration in the FIDIC books
- The arbitration provisions
- The ICC rules and administered arbitration
- The UNCITRAL rules and ad hoc arbitration
Summing up of course and questions
Quotes from previous delegates
‘Very focused, clear and well selected presentations’. Peter Takov, Manager/Lawyer, Landwell Bulgaria
‘Good overview of the FIDIC conditions providing good tools for management of international contracts’. Gilles Cojean, Operations Director, Fives FCB
‘Understandable presentation with qualified personnel’. Vladimir Lobkov, Head of Contracting Department, OJSC Transstroy Corporation
‘Very practical and well focused presentations’. Blagomir Minov,Tsvetkova, Bebov & Partners
Continuing professional development
Kaplan Hawksmere events satisfy the continuing professional development requirements of a variety of professional institutions. We are also a registered member of the CPD Certification service that has independently accredited all our courses. Certificates of attendance will be given to all delegates, so that they may claim appropriate credits in respect of continuing professional development requirements. For further information please visit www.hawksmere.co.uk
Sponsorship opportunities
Are you looking for new ways to promote your company? Kaplan Hawksmere events are an ideal platform to reach your potential customers directly. We create tailor-made packages to suit your company's needs. If you are interested in discussing opportunities (which could include exhibition space, display space or sponsorship of an event, cocktail party or lunch) please call Scott Soutter on 020 7960 5602 or email scott.soutter@hawksmere.co.uk
In-house learning and development solutions
Tailor-made training for your company. If you have a group of five or more delegates you could benefit from our flexible in-house training programmes.
FREE in-house training quotation
For more information and an initial discussion please call Gary Mee direct on 020 7960 5616 or e-mail gary.mee@hawksmere.co.uk
