FIDIC Contracts Management Masterclass

About the Course

FIDIC contract forms are internationally recognised for providing a consistent and reliable framework widely respected by the global engineering and construction industry. They provide an equitable balance as regards the interests and obligations of the employer, the contractor, and the engineer while at the same time leaving space for flexibility and adaptability in their contractual agreement.

Knowledge of FIDIC contracts is invaluable for construction projects in built or natural environments. Regarding technical terminology and hands-on engineering industry experience, it pays to have someone on your team with in-depth expertise. From the initial draft to the preparation phases, understanding how FIDIC contract forms should be used can help ensure that everything runs smoothly in the implementation stage. In addition, the proper use of a suitable contract for the project can significantly impact the project’s viability and overall success.

While the role of the construction project manager can vary and may depend on the project and the country, it is generally agreed that they are in charge of overseeing the project on behalf of the employer.

Over the years, FIDIC has heeded the growing need to provide capacity-building support to industry professionals. For this reason, it has sought to ensure that the services it proposes best match the needs of professionals in the engineering, construction, and infrastructure sectors.

This 5-day FIDIC Contracts Management Masterclass training course will cover the liabilities and responsibilities of the contractor, engineer, and employer under the FIDIC contract. Construction contractors who are not professionally aware of their liabilities, obligations, and rights are taking a risk that may expose them to legal liabilities and financial losses.

Core Objectives

The delegates will achieve the following objectives:

• Explaining the fundamentals of FIDIC contracts
• Managing FIDIC Contracts practically
• Supervising and administration of the FIDIC contracts
• What are the risks inherent in the formation and management of FIDIC contracts
• Explain key FIDIC contract provisions and provide instruction on how to manage contracts effectively
• Interpret essential FIDIC contract clauses and understand the terms and conditions

Training Approach

This training course will involve the delegates as much participation as possible, with discussions and exercises on particular topics. Presentations will be kept short and topical to maximise interest and participation. Topics will be designed as far as possible to be relevant to the business issues faced by or likely to be faced by the delegates.

The Attendees

This training course is tailored for construction and project management professionals who seek to enhance their knowledge of operating international construction contracts. It provides a comprehensive understanding of contract formation and the application of industry-standard contracts.

Likewise, it is suitable for a wide range of professionals but will greatly benefit:

• Civil, Structural, and Building Engineers
• Project Managers
• Quantity Surveyors
• Construction Professionals
• Professionals seeking an understanding of how to operate construction contracts internationally
• Those seeking knowledge and understanding of construction contracts, how they are formed, and how to work with them
• Those seeking to understand NEC, FIDIC, ICC, ACE, and JCT Contracts

Daily Discussion

DAY ONE: FIDIC CONTRACTS

• Introduction
• What is a Contract?
• Standard Forms of Contract vs Bespoke Contracts
• What is FIDIC?
• Different Types and Appropriate Selection of FIDIC Forms
• Overview of the FIDIC Clauses
• Formation of the FIDIC Contract
• Different FIDIC Forms
• Introduction to the FIDIC Red Book of 1987 and 1999
• Re-measured or Lump-sum?

DAY TWO: FIDIC PROCEDURES

• Definition and Interpretation
• Employer’s Duties
• Change in Labor and Material Prices
• Commencement and Possession of the Site
• What should be submitted upon Signing the Contract?
• Performance Bond
• Insurance
• Program of Works
• Reports
• Advance Payment

DAY THREE: TERMS IN FIDIC CONTRACTS

• Terms of Payment
• Delayed Permits
• Handing Over the Project
• Suspension of Works
• Rate of Progress
• Termination of the Contract
• Provisional Sum
• Nominated Subcontractors vs Domestic Subcontractors
• Claims for Extension of Time for Completion
• Delay Damages

DAY FOUR: RISK IN FIDIC CONTACTS

• Risks in the Construction Industry
• Allocation and Sharing of Risks
• Types of Contracts
• Analytical View of FIDIC Forms of Contract
• Formation/Existence of the Contract
• Commencement of the Works
• Work Program
• Performance Bond
• Measurement and Evaluation
• Variations and Adjustment

DAY FIVE: FIDIC CONTRACTS BEST PRACTICES

• Variations
• Valuation of Variations
• Suspension
• Provisional Sums
• Nominating Subcontractors
• Taking-Over of the Works
• Claims Procedures
• Resolution of Disputes
• Dispute Adjudication Boards
• Arbitration