FIDIC Contracts & Arbitration for Construction & Infrastructure Projects
Course Code: EM06
Course Objective
- Apply the correct FIDIC form of contract that is best suited for each project
- Implement FIDIC’s principles, mechanisms, and best practices for contract and project management
- Demonstrate the responsibilities, obligations, and entitlements of the employer and the contractor
- List the engineer’s different roles, duties, and responsibilities in relation to FIDIC contracts
- Apply the correct payments, claims, and dispute resolution mechanisms as envisaged by the FIDIC contracts
Target Audience
- professionals from government entities
- private sector employers
- consulting engineers
- contractors
- quantity surveyors
- architects, legal advisers
- funding agencies
- insurers
- all professionals involved with FIDIC contracts.
Course Outline
FIDIC contract documents: Introduction and principles
- Introduction to FIDIC
- Background to FIDIC contracts
- Harmonization based on the type of project
- Features of the 1999 editions
- Structure of the documents
- Forms
- Main differences between the 1999 construction contract and the 1987 Red Book
- User friendliness
- Preparation of conditions of contract
- The legal character of FIDIC conditions of contract
- Relationship between FIDIC conditions of contract and legal systems
- Risk analysis
- Which form to use
- Overview of the 1999 contracts
- Construction contract
- Main differences between the construction contracts
Responsibilities of the main parties
- Clause 1: General provisions and general issues
- Clause 2: The employer
- Clause 3: The engineer
- Clause 4: The contractor
- Clause 5: Construction contract – nominated subcontractors
- Clause 5: Plant and design-build contract – design
Management of projects
- Clause 6: Staff and labor
- Clause 7: Plant material and workmanship
- Clause 8: Commencement delays and suspension
- Clause 10: Employer’s taking over; defects liability
Tests on completion
- Clause 9: Tests on completion
- Clause 11: Plant contract – tests after completion
Financial clauses and procedures
- Clause 12: Construction contract – measurement and evaluation
- Clause 13: Variations and adjustments
- Clause 14: Contract price and payment
Suspension and termination
- Clause 15: Termination by employer
- Clause 16: Suspension and termination by contractor
Risk, liability and force majeure
- Clause 17: Risk and responsibility
- Clause 18: Liability and insurance
- Clause 19: Force majeure
Claims, disputes and arbitration
- Clause 20: Claims, disputes and arbitration
- Inherent project risk
- Contractor’s claims and employer’s claims; claims procedures
- Disputes
- Amicable settlement
- Dispute adjudication board
- Arbitration
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