FIDIC Module 2: The Management of Claims and Resolution of Disputes under FIDIC Contracts (1999 Editions)

Includes post workshop FIDIC Accredited Assessments and case studies for the year as well as access to Accredited FIDIC Trainer and dispute resolution expert.

 

  

COURSE OVERVIEW

The Construction Industry has a reputation for disputes and conflict. For example it is estimated that 50% of all legal costs incurred in construction projects are associated with disputes and that 10% of the total project cost was legal cost. The correct preparation and submission of contractual claims is fundamental to parties’ success in being awarded additional time and monies on a project.

Failure to adhere to the very strict procedures laid down in the various contracts will in most cases render the claim invalid. To avoid claims being rejected it is vital that the correct procedures are followed . This training module is designed to provide practical advice to those working with the FIDIC Conditions of Contract in the management of claims, understanding, defending and achieving the resolution to claims, and the workings of the Dispute Adjudication Board and Arbitration.

It highlights important issues such as double notice provisions, times for submission, and deals extensively with Extensions of Time and Quantum calculation. The workshop examines the role of the Engineer in making determinations, Employers Claims and the issue of instructions after the Contract Completion Date has passed. Variation and their effect on the programme form an integral part of this workshop.

 

Additional information

Who Should Attend

• Employers
• Funding Agents
• Consulting Engineers
• Legal Professionals
• All those involved in the construction industry-Contractors, Sub-Contractors, Engineers, Quantity Surveyors

Course Outline

• Management of the claims process from submission to arbitration
• Notices and their importance
• Time bars
• The programme and its importance in assessing extensions of time
• Current best practice with respect to assessing delays and disruption including latest applicable case law
• Variations – how they impact the programme and their effect on the critical path
• Variations after the contract Completion Date – how they affect the imposition of liquidated damages
• Calculation of the quantum
• Preparation and submission of competent claims
• Claims avoidance and amicable settlement guidelines

Learning Outcomes

• How to submit a claim
• When to submit notice and when to submit the detailed claim
• The importance of records
• Management of the claims process-“keeping the claim alive”
• The Engineer’s role in the process and his determination.
• The importance of a fully detailed Base Line Programme and its use in assessing the Extension of Time and related quantum.
• Amicable settlement and avoidance of disputes

Course Material

• A copy of the FIDIC Red or Yellow book (or both if the delegate chooses)
• Schedule of overheads used during the seminar
• Work Exercises
• Accompanying FIDIC Accredited material

Validation Number

CESA – 707-04/2018

Reviews

Kevin Spence
The facilitator did a wonderful job in the overall presentation of the course and is amazingly knowledgeable in the field.
– Rachel Kakolo, Namibia Roads Authority

Cancellations and Transfers

• Cancellations by delegates must be made in writing and received two weeks before the seminar. It is regretted that no refunds will be made or invoices cancelled after this date and full registration fee will be payable. Substitutions may be made at any time.
• We reserve the right to cancel the event if it is under subscribed or for any other reason. In the event of cancellation we will endeavour to give delegates two weeks’ notice and the fee will be refunded in full. We cannot be held liable for any pre booked travel or accommodation costs.