Course Details

FIDIC Claims Management and Dispute Resolution Training Course

INTRODUCTION

This essential training course provides comprehensive knowledge and practical skills for mastering FIDIC Claims Management and Dispute Resolution. Recognizing that even well-managed projects can encounter claims and disputes, necessitating robust contractual knowledge and strategic approaches, this program equips participants with an advanced understanding of FIDIC's detailed procedures for handling entitlements, assessing liabilities, and navigating various resolution mechanisms. Participants will gain deep insights into preparing, responding to, and substantiating complex claims, understanding the role of the Engineer, and effectively utilizing Dispute Avoidance/Adjudication Boards (DAABs) and international arbitration, all crucial for protecting contractual positions and achieving successful outcomes in contentious situations.

This course is designed for experienced professionals who regularly face or advise on claims and disputes arising from FIDIC contracts. It moves beyond basic contract administration to empower participants with the tactical skills and legal insights required to proactively avoid, efficiently manage, and effectively resolve complex claims, safeguarding project profitability and maintaining commercial relationships where possible.

DURATION

10 days

TARGET AUDIENCE

This course is specifically designed for experienced professionals who are regularly involved in complex FIDIC claims and dispute resolution processes, including:

• Senior Contract Managers and Commercial Managers.
• Claims and Legal Specialists.
• Project Directors and Senior Engineers.
• Quantity Surveyors with claims responsibilities.
• Arbitrators, Adjudicators, and Mediators.

OBJECTIVES

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

• Master the intricacies of FIDIC claims procedures and time bars.
• Develop advanced skills in preparing, assessing, and defending complex claims.
• Understand the roles and responsibilities of the Engineer/DAAB in claims determination.
• Effectively utilize Dispute Avoidance/Adjudication Boards (DAABs) for resolution.
• Navigate the processes and strategies for international arbitration under FIDIC.

MODULES

Module 1: Advanced Claims Concepts and Principles in FIDIC

• Understand the legal and contractual basis for claims under FIDIC.
• Explore the distinctions between Contractor's and Employer's Claims and their specific grounds.
• Discuss the concept of condition precedent notices and their critical importance.
• Examine different types of damages and losses recoverable under FIDIC.
• Learn about the interplay between General Conditions and Particular Conditions in claims.

Module 2: In-Depth Analysis of FIDIC Claims Procedures (Clause 20 / 20.1)

• Conduct a detailed comparative analysis of 1999 vs. 2017 claims procedures.
• Master the strict notification requirements and specific time bars (e.g., 28, 42, 84 days).
• Understand the contents and requirements for a fully detailed claim submission.
• Explore the consequences of non-compliance with claim procedures.
• Learn about proactive strategies for managing documentation to support/defend claims.

Module 3: Advanced Delay Analysis and EOT Claims

• Understand sophisticated delay analysis methodologies (e.g., Critical Path Method, As-Planned vs. As-Built, Window Analysis, Time Impact Analysis).
• Discuss the challenges of concurrent and dominant delays and their impact on EOT entitlement.
• Explore the Contractor's obligation to mitigate delays even when entitled to EOT.
• Examine the Engineer's role in the assessment and determination of complex EOT claims.
• Learn about drafting effective delay narratives and supporting schedules.

Module 4: Valuation of Claims for Additional Payment

• Understand the principles for valuing claims for additional payment (e.g., prolongation costs, disruption, loss of profit).
• Discuss the calculation of direct and indirect costs (site and head office overheads).
• Explore methods for valuing disruption claims and loss of productivity.
• Examine the Contractor's entitlement to Cost Plus Profit for certain relief events (2017).
• Learn about preparing detailed cost breakdowns and substantiating financial claims.

Module 5: The Engineer's Role in Claims Determination

• Understand the Engineer's duties and powers in assessing claims impartially.
• Discuss the process of reviewing submissions, seeking further particulars, and making determinations.
• Explore the concept of "Agreement or Determination" (2017) and its implications.
• Examine the importance of the Engineer's reasoned and fair determinations.
• Learn about challenging or accepting the Engineer's Determination.

Module 6: Dispute Avoidance / Adjudication Boards (DAABs / DABs)

• Understand the structure, appointment, and terms of reference of the DAAB/DAB.
• Discuss the DAAB's enhanced role in dispute avoidance (2017).
• Explore the procedure for referring a dispute to the DAAB/DAB and responding to it.
• Examine the binding nature of DAAB/DAB Decisions (unless challenged).
• Learn about strategies for preparing a strong case for DAAB/DAB adjudication.

Module 7: Amicable Settlement and Mediation

• Understand the FIDIC requirement for amicable settlement as a primary step.
• Discuss the principles and benefits of negotiation and direct settlement.
• Explore the role of mediation as a non-binding dispute resolution mechanism.
• Examine strategies for effective negotiation and drafting settlement agreements.
• Learn about preserving rights while seeking amicable resolution.

Module 8: International Arbitration under FIDIC

• Understand the role of international arbitration as the final binding dispute resolution method in FIDIC.
• Discuss the arbitration clauses in FIDIC contracts (e.g., ICC, LCIA, UNCITRAL rules).
• Explore the process of appointing arbitrators and constituting the tribunal.
• Examine the stages of an arbitration proceeding (e.g., pleadings, hearings, evidence).
• Learn about the enforceability of arbitration awards and their finality.

• 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