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04-07-2019 (Singapore)

P31718 FIDIC Conditions of Contracts
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FIDIC Conditions of Contracts

4 – 5 July 2019 | Mandarin Orchard Hotel, Singapore

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Team Savings: Register 2 Delegates & the 3rd Comes free!
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overview

Key Learning Outcomes

This workshop provides a comprehensive overview of the FIDIC contracts with a particular focus on the project management provisions in the new, second edition contracts.

Delegates are provided with practical information that can readily be implemented in the workplace. Having attended this workshop, delegates will be prepared to work with the new contracts in a knowledgeable, efficient and effective manner.

In particular, you should gain:

  • An understanding of your rights and obligations under the new contracts,
  • An understanding of what steps must be taken to enforce these rights and to ensure that the other party meets their obligations,
  • An understanding of the implications of amendments to the contract: when can you amend the contract? What if an amendment introduces new risk?
  • An understanding of how the new contracts allocate risk,
  • An understanding of how you can limit your liability under the contract,
  • Knowledge of the role of the Engineer under the new Yellow and Red Books, with particular emphasis on the Engineer’s role in determining claims for additional time and/or money,
  • Tools required to recognise when you have a claim, how to bring it, and defend it,
  • An understanding of the stages of completion and procedures to be followed at each stage,
  • An understanding of guarantees and retention money under the FIDIC,
  • An understanding of FIDIC dispute resolution and the tools required to properly bring, defend and avoid disputes

 Who Should Attend

  • Project Owners/Employers
  • Contractors and equipment/material suppliers
  • Contract Administrators and Quantity
  • Surveyors
  • Engineers and Architects
  • Multilateral development banks and funding agencies supporting infrastructure projects
  • Legal advisers
  • Insurers
  • Government Ministries and Agencies
  • Contract Managers / Project managers / Commercial Directors in any business and industry using engineering or construction contracts

pricing

Packages Price
2 Day TrainingSGD $2995SGD $2795Early BirdEarly Bird
  • Special Group Discount pricing is applicable to groups of 2 or more delegates from the same organisation registering for the same event, at the same time.
  • Fee stated is the discounted price PER DELEGATE. Only one discount applies – either the early bird rate OR the Special Group Discount.
  • All fees stated include luncheons, refreshments and complete set of documentation. It does not include the cost of accommodation and travel.
  • A 7% Goods & Services Tax (GST) is applicable to all Singapore based companies for Singapore venue.
  • View payment terms and bank transfer details, click here »

trainer

Kirindeep Singh

Senior Partner, Dentons Rodyk & Davidson

Agenda

DAY ONE

SESSION 1: CHOOSING THE RIGHT FIDIC CONTRACT FOR THE JOB, THE GOLDEN PRINCIPLES, AND OTHER INTRODUCTORY MATTERS

In this session we discuss procurement options and provide an overview of  all the contracts in the FIDIC family. We then go on to consider the general provisions in the first clause. Some matters covered in this session include:

  • Which FIDIC contract for which project – procurement options;
  • What if one of the parties is a Joint Venture?;
  • Amending the contracts – ‘the golden principles’
  • An overview of all the contracts in the FIDIC family;
  • Risk allocation under the FIDIC contracts;
  • Overview of the new provisions and approach to contracting,
  • Clause 1: definitions that you need to know. How notices are served and communications made; dealing with delayed drawings or instructions.
  • Limiting your liability;
  • Cancelling the contract.

SESSION 2: ROLE PLAYERS: THE EMPLOYER, THE ENGINEER AND THE CONTRACTOR

Matters covered here include:

  • The role of the Employer;
  • The Employer’s financial arrangements;
  • Who can act as the Engineer;
    • The role of the Engineer; Impartial? Neutral? The employer’s representative? Navigating the new role of the Engineer.
    • Engineer’s instructions
    • The Engineer’s role in agreeing or determining claims.
  • Unforeseeable physical conditions.
  • The contractor’s representative; and quality management – new provisions

NEW PROCEDURES IN THESE CLAUSES

SESSION 3: SUBCONTRACTING, DESIGN LIABILITY, UNFORESEEABLE PHYSICALCONDITIONS, PLANT & MATERIALS

This session starts to hone in on some of the areas which commonly lead to claims on construction sites. Some of the matters covered here include:

  • The FIDIC approach to subcontractors;
  • The subcontract document for use with the Red Book;
  • Design errors: who is responsible?
  • Defects and rejection: new procedures
  • Ownership of plant and materials; and
  • Testing,
  • Progress reports

NEW PROCEDURES IN THESE CLAUSES
RECENT CASES ON FITNESS FOR PURPOSE

SESSION 4: TIME

Anyone who has worked on a construction or engineering project will know that most claims and disputes have timing problems at their heart. In this session we focus on some of these problems, and how the new FIDIC contracts address them. Some matters covered in this session include:

  • When does time start running against the contractor;
  • The programme;
  • Early warning;
  • Dealing with extension of time claims;
  • Dealing with delay.

NEW PROCEDURES IN THESE CLAUSES
NEW REQUIREMENTS FOR THE PROGRAMME
NEW LAW ON LIQUIDATED DAMAGES
RECENT CASES ON EXTENSIONS OF TIME

DAY TWO

SESSION 5: TAKING OVER AND DEFECTS

The FIDIC contracts are divided into a number of stages of completion, with rights and obligations attaching to each. In this session we focus on the stages of completion and, in particular, on taking over. Some matters discussed in this session include:

  • Taking over before certificates are issued;
  • Early Taking over;
  • Extension of the defects notification period;
  • Failure to remedy defects; and
  • Tests on completion.

NEW PROCEDURES IN THESE CLAUSES

SESSION 6: MEASUREMENT, VARIATIONS AND PAYMENT

Like most construction and engineering contracts FIDIC recognises that the ability to vary the works is key to a successful project and that the financial and time related consequences of any variation must be properly managed. Some matters discussed in this session include:

  • How variations are issued;
  • How variations are valued;
  • Dealing with omissions;
  • Dealing with changes in costs;
  • Value engineering;
  • Interim payment certificates;
  • Delayed payment;
  • Retention money; and
  • Final payment.

NEW PROCEDURES IN THESE CLAUSES

SESSION 7: CARE OF THE WORKS, EXCEPTIONAL EVENTS

Where one party breaches the contract, or where the contract becomes impossible to perform, there are a number of routes open to the innocent party. Some matters covered in this session include:

  • Care of the works: who is responsible when the works ae damaged?
  • Exceptional events: What if there is an Act of God or other exceptional event?
  • What about force majeur?
  • Cancelling the contract ‘for convenience’;
  • Cancellation because one party is in breach;
  • Suspension of work.

NEW PROCEDURES IN THESE CLAUSES
REPLACEMENT OF FORCE MAJEUR WITH EXCEPTIONAL EVENTS CLAUSE
NEW CLAIMS IF THE CONTRACT IS TERMINATED ‘FOR CONVENIENCE’

SESSION 8: MAKING CLAIMS AND DEALING WITH DISPUTES

A key feature of the new contracts is the separation of claims and disputes. Rather than seeing claims as a part of the dispute process, these contracts recognise that claims are an accepted way of dealing with uncertainty. This new approach is discussed through an analysis of:

  • Time bars: The new, ‘softer’ time bar;
  • Employer’s claims;
  • Serving notices;
  • The Engineer’s obligation to respond to a claim;
  • The Engineer’s role in resolving disputes; and
  • Adjudication: the new advisory role for adjudicators.

NEW PROCEDURES IN THESE CLAUSES
NEW, SOFTER TIME BAR
EMPLOYER’S CLAMS NOW DEALT WITH IN SAME WAY AS CONTRACTOR’S CLAIMS
NEW ROLE FOR ENGINEER IN DETERMINING CLAIMS
NEW ROLE FOR ADJUDICATORS IN AVOIDING DISPUTES

when & where

04 - 05 Jul 2019

Mandarin Orchard Singapore, by Meritus
333 Orchard Road, Singapore 238867
Tel: +65 6831 6062 | Fax: +65 6737 3130
Mobile No.: +65 8298 9442
Contact Person: Tan Ai Li
Email: aili.tan@meritushotels.com
Website: www.meritushotels.com

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