Course Details

FIDIC Contracts for Employers and Contractors Training Course

INTRODUCTION

This essential training course provides comprehensive knowledge and practical skills for effectively managing FIDIC Contracts from both the Employer's and Contractor's perspectives. Recognizing that successful project delivery under FIDIC forms hinges on a clear understanding of each party's rights, obligations, and risk allocation, this program equips participants with a balanced and integrated view of contract administration. Participants will gain deep insights into key clauses relevant to both sides, strategies for effective communication, proactive claims management, and the nuances of dispute resolution, all crucial for fostering fair relationships, minimizing conflict, and achieving project objectives for all stakeholders.

This course is designed for professionals who need to navigate FIDIC contracts from either the client or the execution side, promoting a holistic understanding that leads to more collaborative and efficient project outcomes. It empowers both Employers and Contractors to interpret contractual terms accurately, manage expectations effectively, and employ best practices to ensure compliance and avoid costly disputes.

DURATION

10 days

TARGET AUDIENCE

This course is specifically designed for professionals representing either the Employer or the Contractor in projects governed by FIDIC Contracts, including:

• Project Managers and Directors (Employer & Contractor side).
• Contract Managers and Administrators (Employer & Contractor side).
• Commercial Managers and Quantity Surveyors (Employer & Contractor side).
• Legal Counsel supporting construction projects.
• Engineers and Construction Professionals from both client and contracting organizations.

OBJECTIVES

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

• Understand the rights, obligations, and risk allocation from both Employer and Contractor viewpoints.
• Effectively manage contract administration procedures relevant to both parties.
• Prepare and respond to claims from an informed, balanced perspective.
• Navigate payment, time, and quality clauses understanding both sides' concerns.
• Engage in dispute resolution with a comprehensive understanding of the contractual framework.

MODULES

Module 1: The Contractual Framework: A Dual Perspective

• Understand the overall FIDIC philosophy of balanced risk allocation from both Employer and Contractor view.
• Discuss the significance of each party's specific definitions (e.g., Employer, Contractor, Engineer).
• Explore the reciprocal duties and obligations outlined in key clauses.
• Examine the importance of the Particular Conditions in tailoring risk.
• Learn about fostering a collaborative yet legally compliant working relationship.

Module 2: Employer's Requirements vs. Contractor's Proposal/Design

• For Employers: Understand how to clearly define Employer's Requirements (e.g., Red/Yellow/Silver Books).
• For Contractors: Learn how to effectively prepare a Contractor's Proposal and manage design responsibility (Yellow/Silver Books).
• Discuss the interplay between design responsibility and risk allocation.
• Explore strategies for managing the review and approval of Contractor's Documents.
• Examine the implications of deficiencies in either the Employer's Requirements or Contractor's design.

Module 3: Project Commencement and Programme Management

• For Employers: Understand the process of issuing the Notice to Commence and managing project start-up.
• For Contractors: Learn about preparing and submitting the Contractor's Programme (Clause 8).
• Discuss the importance of the baseline programme for both parties in assessing delays.
• Explore mutual obligations regarding site access and necessary permits.
• Examine the process for Employer's approval of the Contractor's Programme.

Module 4: Managing Time and Delays: Claims and EOTs

• For Contractors: Understand the grounds and procedures for claiming Extensions of Time (EOT) (Clause 8).
• For Employers: Learn how to effectively assess and determine Contractor's EOT claims.
• Discuss the principles of concurrent delay and its implications for both parties.
• Explore the impact of Employer's risks and Contractor's risks on project schedules.
• Examine the consequences of delays for both sides, including Liquidated Damages.

Module 5: Financial Management, Variations, and Payments

• For Contractors: Understand the process for submitting Payment Applications and valuation of work done (Clause 14).
• For Employers: Learn about the Engineer's role in certifying payments and managing retention.
• Discuss the procedures for instructing and valuing Variations from both perspectives (Clause 13).
• Explore Employer's entitlements to deductions and Contractor's claims for additional payment.
• Examine the implications of late payments and interest.

Module 6: Quality, Testing, and Defects Liability

• For Contractors: Understand obligations for workmanship, materials, and passing tests (Clauses 7, 9).
• For Employers: Learn about the Engineer's supervision of quality and requirements for testing.
• Discuss the procedures for Taking Over the Works and the Defects Notification Period (Clauses 10, 11).
• Explore the implications of failure to pass tests and remedying defects.
• Examine the issuance of the Performance Certificate.

Module 7: Claims and Notices: A Two-Way Street

• For both: Understand the strict notification requirements and time bars for all claims (Clause 20/20.1).
• For Contractors: Learn how to properly prepare and substantiate Contractor's Claims.
• For Employers: Discuss effective strategies for assessing and responding to Contractor's Claims and preparing Employer's Claims (Clause 2.5).
• Explore the importance of contemporaneous records for both parties.
• Examine the Engineer's role in determining claims and the concept of "Agreement or Determination."

Module 8: Dispute Resolution and Contract Termination

• For both: Understand the multi-tiered dispute resolution mechanisms (DAAB/DAB, amicable settlement, arbitration).
• For Employers: Learn about rights to terminate for Contractor's default (Clause 15).
• For Contractors: Discuss rights to suspend or terminate for Employer's default (Clause 16).
• Explore the process and implications of Force Majeure/Exceptional Events (Clause 19).
• Examine strategies for dispute avoidance and fostering collaborative problem-solving.

• 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