Defending and Making Claims under the FIDIC Conditions of Contract
Course Code: LT101
Course Objective
This course has been designed to provide a detailed insight into the presentation and analysis of claims under the FIDIC Contracts. The programme has been designed to be highly practicaland includes active participation in ‘hands-on’ workshops and discussion sessions.
Course Outline
Introduction to FIDIC
- Increased clarity, transparency and certainty
- Golden principles
- Claims/disputes dealt with separately
- FIDIC 2017 use in Georgia
Overview of dispute resolution process
- Role of Employer and Engineer
- Notices and Claims Procedure
- Employer’s claims
- Contractor’s claims
- • Failure to notify
Claims for delay
- Advance warning – 8.4
- Extension of time - clauses 8.5, 8.6
- Delay damages
Workshop :Claims notices and Extension of Time claim
Critical Path Analysis
- Different forms of programme analysis
- Using experts
Delay problem areas
- Concurrency
- Acceleration
- Time at large
Payment and Claims for additional payment I
- Payment Certification and Procedure
- Ground conditions – clause 4.12
- Late possession – clause 2.1
- Breaches of contract
Workshop : Critical path analysis and ground conditions
Claims for additional payment II
- Variations and design errors
- Prolongation
- Disruption and global claims
Quantifying and analysing claims for payment
- “Cost” or “Value”
- Profit
- Global claims
Employers financial claims
- Delay damages
- Defects in work and design
- Retention and Bonds
Workshop: Contractor’s delay and disruption claim and Employer’s defects claim
Termination and suspension
- E’s default
- C’s default
- Force majeure
- Financial consequences
DAB procedure
- Standing and ad hoc
- Dispute prevention
- Selection
- Procedure
Workshop : DAB hearing on Termination
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