Conciliare

Claims and Dispute Management

Program: Four-day seminar or training course

Introduction:

This Module 2 training course will bring you the necessary detailed knowledge and insights as to the claim
management and dispute resolution provisions under the FIDIC Conditions of Contract, 1999 Edition.
Although focused on the 1999 Edition of the FIDIC Red & Yellow Book Contracts, the course will also
present the main features of the 2017 Edition of those forms, and the main changes brought by this recent
update to the 1999 Edition, as far as relevant to the topics covered under the course
It covers the identification of project risks, their allocation, and the various causes of claim which can emerge
over a construction contract and the way FIDIC addresses those. It details the way to handle claims –
preparation, submission, assessment, determination under FIDIC Contracts, and how disputes are prevented
or otherwise resolved. The course will incorporate a large portion of actual project experiences feedback, as
well as a presentation of relevant recent authorities on such matters (case law in particular). Various case
studies / work exercises will be proposed to participants so as to facilitate capacity building through hands-on
applications and extensive interaction with the tutor and the other participants

At the end of the course, participants should be able to:

  • Thoroughly understand the claim & dispute resolution procedures under FIDIC 1999 Conditions of
    Contract
  • Get the necessary knowledge about the main changes introduced by the 2017 Update of the Red &
    Yellow Books
  •  Be aware of practical issues encountered on projects as to claims and disputes, and how to address
    those
  •  Learn from recent FIDIC case law and other authorities as to claims & dispute matters
  • Benefit from practical/hands-on feedback and insights from an experienced FIDIC practitioner

Who Should Attend?

The courses provide the necessary knowledge for and targets professionals from Government Ministries and
Agencies. Consulting Engineers, Contractors, Quantity Surveyors & Architects, Legal Advisers and all
involved in the implementation and management of Works Contracts.
This course is aimed at providing systematic and practical guidance to anyone engaged in international
projects with a design-build element. It will appeal to:

  • Engineers for governmental entities and ministries.
  •  Employers
  •  Developers
  •  Project sponsors and funders& funding agencies
  •  Engineers
  •  Project managers
  •  Lawyers & legal professionals.
  •  Others engaged in design-build and DBO projects
  •  Consulting engineers.
  •  Construction professionals & Contractors

Course Materials and Certification:
All delegates will be provided the following materials:

  • FIDIC Yellow Book 2017Edition
  • Schedule of overheads
  •  Participants will receive a course completion certificate from FIDIC

Duration and Timing of the Course:

  • Duration of the course: 4 working days from 9 AM- 2 PM Schedule of course is as follows:
  •  Technical Session: 9:00:-10.30 am
  • Coffee Break: 10.30-10.45 am
  • Technical Session: 10.45-12.45noon
  •  prayer: 12.45-1:00 pm
  •  Technical Session 1:00-2:00 pm

Course outline and description

 

Day 1&2

Session 1 – Risk allocation and claim causes

 

 

v  Principles of risk allocation under FIDIC forms of Contract

 

v  Comparative risk allocation profile within the 1999 FIDIC Suite of Contract

 

v  Events giving rise to claims

 

Session 2 – Claim procedures

 

 

v  Contractor’s claims

 

v  Time bar on notices => fatal to a claim? Impact of governing law

 

v  Fully detailed claims – Records and substantiation

 

v  Employer’s Claims

v

Session 3 – Claims quantum

 

v  Legal and contractual basis

v  Measure of damages

v  Limitation of liability

v  Records and Substantiation

v  Disruption costs

v  Indirect costs – Overheads

 

 

Session 4 – Extension of Time claims

v  Delay damages under the contract and at law – common law / civil law perspective

v  EoT entitlements under the contract

v  Who owns the float? FIDIC vs SCL comparison

v  Delay analysis techniques

v  Claim recommended structure and contents

Session 5 – Wrap-up on claims

Claim recommended structure and contents

Sources of authority for claims Your claim issues

Day3

Session 6 – Dispute resolution methods

 

·         What is a dispute?

·         Presentation of Alternative Dispute Resolution (ADR) methods in the construction industry

·         Dispute Adjudication Boards under FIDIC forms of Contract

Day3

Session 7 – DAB core principles

 

·         Mandatory first step of dispute resolution

·         Formation, obligations

·         Want of impartiality/conflict of interest guidelines

·         Jurisdiction

·         Fees, liability and expiry

Day 4

Session 8 – DAB Procedural Rules

 

·         Site visits

·         Dispute prevention

·         Natural justice

·         Decision process

·         Post-decision events

 

 

Session 9 – Arbitration

 

·         Enforcement of DAB decisions

·         Arbitration rules

·         Arbitration seat

·         Award recognition & enforcement – New York Convention

·         Your dispute resolution issues