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Advanced FIDIC

 Validated for 1 CPD Point – CESA-304-10/2015

In 1999 FIDIC produced first editions of a new suite of contracts. These were followed, in later years by the armonised Red Book for use on projects funded by Multilateral Development Banks, the Blue Dredgers Contract, Gold Book, Design Build and Operate Contract and a revised, 2006, White Book Consultant’s Agreement.

Practitioners have now had some time to work with the 1999 contracts and to become familiar with both the advantages and the disadvantages of these contracts. Few, however, will have had much experience of the new contracts.

This one day workshop is aimed at those who have had some experience in working with FIDIC or have attended other workshops on the FIDIC forms of contract. We will therefore focus on innovations introduced in the new contracts, on recent developments in interpretation of the FIDIC contracts and on higher level technical issues in the drafting of the contracts which have not been covered in previous Binnington Copeland seminars. In this workshop we focus on matters which may be missed on first reading of the contracts, but which could, if discovered later, create problems for one or both parties. Matters which commentators have brought to FIDIC’s attention as requiring revisiting in later editions are highlighted.

Some of the matters covered in this workshop include:

  • Use of FIDIC where a project is funded by a funding agency: How is the MDB version different?;
  • The Gold Book, with particular focus on those clauses which indicate what we may see in future editions of the FIDIC contracts;
  • Errors in the Employer’s Requirements;
  • The role of the Engineer with particular focus on the practice of some Botswanan employers of appointing themselves as the Engineer;
  • Fitness for Purpose;
  • Claims procedures, time bars and the definition of a dispute.

Learning Objectives for Advanced FIDIC

This workshop is intended for participants who already have some understanding of the FIDIC Contracts, gained either through working repeatedly with the contracts or through attending the Fundamental FIDIC or Two Day FIDIC workshop.

Once you have completed this workshop you should:

  • Understand the scope of the Design, Build & Operate Contract (the Gold Book) and its application to BOT and BOOT Projects;
  • Understand drafting changes made in the Gold Book and their implications for the interpretation of the FIDIC Contracts;
  • Understand some potential pitfalls when dealing with the Gold Book;

You should also have greater practical skills in using the Yellow, Red and Silver Books including:

  • Clauses which raise difficulties in practice;
  • Clauses where the drafting could create uncertainty;
  • Clauses which require particular attention if disputes are to be avoided.

In particular, you should have a more detailed understanding of:

  • The role of the Engineer;
  • Liability for fitness for purpose and the Contractor’s liability for design;
  • Contractor’s responsibilities regarding personnel;
  • Claims for additional time including concurrent delays and early warning;
  • Delay damages;
  • Limitations of liability;
  • Taking over and tests on completion;
  • Defects liability;
  • Payment by the Employer;
  • Termination of Contract; and
  • Disputes, Adjudication and Arbitration.

COST:

Prices vary according to venues. Please consult the regional registration forms.

Discount:

Should a Company register 3 or more delegates for this seminar, a 10% discount will apply.

Registration Process: