Course Details

Comparative Overview of FIDIC 1999 vs. 2017 Editions Training Course

INTRODUCTION

This essential training course provides comprehensive knowledge and practical skills for navigating the critical differences between the FIDIC 1999 and 2017 Editions of the Red, Yellow, and Silver Books. As the 2017 suite introduces significant changes to risk allocation, contract administration, and dispute resolution, understanding these updates is vital for professionals managing international engineering and construction projects. This program equips participants with a systematic comparison of key clauses, procedural shifts, and enhanced requirements for notices, claims, and the role of the Engineer, enabling them to confidently transition between editions and apply the most appropriate contract terms for their projects.

Comparative Overview of FIDIC 1999 vs. 2017 Editions Training Course  is designed for experienced professionals already familiar with the 1999 FIDIC editions who need to adapt to the newer 2017 contracts, as well as those seeking a deeper understanding of the evolution of FIDIC principles. It empowers participants to identify contractual implications, mitigate risks arising from changes, and ensure effective contract management regardless of the FIDIC edition in use on their projects.

DURATION

10 days

TARGET AUDIENCE

This course is specifically designed for experienced professionals already familiar with FIDIC contracts who need to understand the updates and differences between the 1999 and 2017 editions, including:

• Project Managers and Directors.
• Contract Managers and Administrators.
• Legal Counsel and Commercial Managers.
• Quantity Surveyors and Claims Specialists.
• Arbitrators and Dispute Resolution Practitioners.

OBJECTIVES

Upon completion of this course, participants will be able to:

• Identify the key changes and philosophical shifts from FIDIC 1999 to 2017 editions.
• Understand the increased emphasis on detailed procedures and time bars in 2017.
• Compare the roles and responsibilities of parties and the Engineer in both editions.
• Analyze the updated claims and dispute resolution mechanisms in 2017.
• Apply knowledge of both editions to effectively manage contracts and mitigate risks.

MODULES

Module 1: Overview of the 2017 FIDIC Suite and its Context

• Discuss the background and reasons for the 2017 FIDIC update.
• Explore the overall philosophy of the 2017 editions: more prescriptive, emphasis on dispute avoidance, enhanced administration.
• Understand the increased length and detail of the 2017 General Conditions.
• Examine the new defined terms and their significance in the 2017 editions.
• Briefly review the continued relevance and use of the 1999 editions.

Module 2: General Provisions and Communication (Clause 1)

• Compare changes in the "Notices and Other Communications" sub-clause (Clause 1.3).
• Discuss the new specific definition of a "Notice" and its increased frequency.
• Explore the introduction of "No-objection" replacing some "approvals."
• Examine the revised approach to Confidentiality (Clause 1.12).
• Analyze new clauses like Limitation of Liability and Contract Termination (Clauses 1.15 & 1.16).

Module 3: The Employer and Engineer's Roles (Clauses 2 & 3)

• Compare the Employer's financial arrangements and proof requirements.
• Discuss changes to the Engineer's duties and authority, particularly the move towards "neutrality" in determinations (Red/Yellow Books).
• Explore the new procedure for Agreement or Determination (Clause 3.7).
• Examine the introduction of "Meetings" (Clause 3.8) and their importance for collaboration.
• Understand the refined process for the Engineer's instructions and their deemed validity.

Module 4: Programme and Early Warning (Clause 8 & others)

• Compare the enhanced requirements for the Contractor's Programme (Clause 8.3).
• Discuss the explicit introduction of "Advance Warning" provisions for both parties.
• Explore the new requirements for recording actual progress.
• Examine the explicit mention of concurrent delay and the need for rules/procedures in Particular Conditions.
• Analyze the impact of more detailed programming on time management.

Module 5: Claims Procedures (Clause 20.1 and new Clause 20)

• Understand the separation of "Claims" (Clause 20) from "Disputes" (new Clause 21).
• Discuss the equal treatment of Employer's and Contractor's Claims under the same procedure.
• Explore the significantly more prescriptive and detailed claims submission process.
• Examine the extension of the fully detailed claim period from 42 to 84 days.
• Analyze the impact of new condition precedents and strict time bars for claims.

Module 6: Dispute Avoidance and Adjudication Board (DAAB) (Clause 21)

• Compare the Dispute Adjudication Board (DAB) in 1999 with the Dispute Avoidance/Adjudication Board (DAAB) in 2017.
• Discuss the DAAB's enhanced role in dispute avoidance and its proactive engagement.
• Explore the requirement for a standing DAAB appointed from the project's start.
• Examine the detailed procedures for DAAB appointments, resignations, and terminations.
• Learn about the new timelines and steps for referring matters to the DAAB.

Module 7: Variations and Other Adjustments (Clause 13)

• Compare the revised procedures for agreeing and valuing Variations.
• Discuss the more prescriptive process for the Contractor's proposal for variations.
• Explore the specific entitlement to Cost Plus Profit for certain relief events (default 5%).
• Examine the Contractor's express entitlement to loss of profit for variations.
• Analyze changes related to provisional sums and daywork.

Module 8: Other Significant Changes and Practical Implications

• Discuss the replacement of "Force Majeure" with "Exceptional Events" (Clause 19).
• Explore changes related to Tests on Completion and Tests After Completion.
• Examine the revised definitions for "Unforeseeable" and its impact on risk.
• Analyze the implications of new deeming provisions for non-compliance.
• Discuss the overall impact of the 2017 changes on contract administration burden and project risk management.
• CERTIFICATION
• Upon successful completion of this training, participants will be issued with a Macskills Training and Development Institute Certificate
• TRAINING VENUE
• Training will be held at Macskills Training Centre. We also tailor make the training upon request at different locations across the world.
• AIRPORT PICK UP AND ACCOMMODATION
• Airport pick up and accommodation is arranged upon request
• TERMS OF PAYMENT
• Payment should be made to Macskills Development Institute bank account before the start of the training and receipts sent to info@macskillsdevelopment.com