Course Details

FIDIC Contracts for PPP and Infrastructure Projects Training Course

INTRODUCTION

This essential training course provides comprehensive knowledge and practical skills for effectively applying FIDIC Contracts in Public-Private Partnership (PPP) and large-scale Infrastructure Projects. Recognizing the unique complexities, long-term nature, and intricate risk allocation involved in PPP and major infrastructure ventures, this program equips participants with a systematic understanding of how FIDIC forms can be adapted and utilized within concession, BOT (Build-Operate-Transfer), and other private finance models. Participants will gain deep insights into structuring contracts for integrated project delivery, managing performance over extended operational periods, handling complex financing arrangements, and resolving disputes within multi-party environments, all crucial for attracting private investment and ensuring the successful, sustainable delivery of critical public infrastructure.

This course is designed for professionals involved in the development, financing, procurement, and management of large infrastructure projects, particularly those exploring or implementing PPP structures. FIDIC Contracts for PPP and Infrastructure Projects Training Course bridges the gap between conventional FIDIC applications and the specific demands of long-term, privately financed public services, empowering participants to navigate the legal, commercial, and operational intricacies unique to PPPs and grand-scale infrastructure development.

DURATION

10 days

TARGET AUDIENCE

This course is specifically designed for professionals involved in the development, financing, procurement, and management of large-scale infrastructure projects, especially those with a PPP component, including:

• Government Officials and Public Sector Project Leaders.
• PPP Unit Members and Advisors.
• Private Sector Developers and Concessionaires.
• Project Financiers and Investment Analysts.
• Senior Legal Counsel and Contract Managers in infrastructure.

OBJECTIVES

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

• Understand the nexus between FIDIC contracts and PPP structures.
• Identify the specific FIDIC forms most suitable for PPP and infrastructure projects.
• Analyze complex risk allocation in long-term infrastructure and PPP contracts.
• Master the management of performance, operations, and maintenance under FIDIC-adapted terms.
• Navigate financing considerations and dispute resolution in multi-party infrastructure projects.

MODULES

Module 1: Introduction to PPP and Major Infrastructure Project Models

• Define Public-Private Partnerships (PPP) and their various forms (e.g., BOT, BOOT, DBO, Concessions).
• Explore the drivers and benefits of using PPPs for infrastructure development.
• Understand the typical project lifecycle for large infrastructure projects.
• Discuss the key stakeholders and their interests in PPP projects (government, private sector, lenders, public).
• Examine the legal and regulatory frameworks governing PPPs.

Module 2: Selecting and Adapting FIDIC Contracts for PPP

• Identify the most suitable FIDIC Contract Forms for PPP and infrastructure projects (e.g., Silver Book, Gold Book, FIDIC/IDB Pink Book).
• Understand the core risk allocation philosophy of each relevant FIDIC form for PPP.
• Discuss the necessity of adapting FIDIC General Conditions through Particular Conditions for PPP.
• Explore how to integrate the Project Agreement/Concession Agreement with the underlying FIDIC construction contract.
• Examine the "Wrap-Around" agreement concept in PPP.

Module 3: Advanced Risk Allocation in PPP Infrastructure Projects

• Understand the complex risk allocation matrix unique to PPP (e.g., political, regulatory, demand, financial, construction risks).
• Discuss how FIDIC contracts allocate construction and design risks (e.g., unforeseeable ground conditions, force majeure).
• Explore the interaction between FIDIC risk allocation and the broader Project Agreement.
• Examine the transfer of operational and maintenance risks to the private party.
• Learn about risk mitigation strategies, including government guarantees and insurance.

Module 4: Performance, Operations, and Maintenance under FIDIC-based PPP

• Understand how performance specifications and service levels are defined and monitored.
• Discuss the mechanisms for measuring and incentivizing performance over the long term.
• Explore the integration of operations and maintenance (O&M) into the contractual framework.
• Examine the role of handover, asset management, and lifecycle costs.
• Learn about payment mechanisms tied to performance (e.g., availability payments, shadow tolls).

Module 5: Managing Changes, Variations, and Financial Adjustments

• Understand the processes for managing variations and changes in long-term PPP contracts.
• Discuss the impact of changes in law or regulations and their compensation mechanisms.
• Explore the application of tariff adjustments and indexation to maintain financial viability.
• Examine force majeure and its financial implications on project revenues and costs.
• Learn about mechanisms for renegotiation of the Project Agreement.

Module 6: Financing Considerations and Lender Requirements

• Understand the key concerns of project lenders in PPP transactions.
• Discuss the concept of "bankability" and how FIDIC contracts contribute to it.
• Explore the role of Direct Agreements, Step-In Rights, and Assignment of Contracts.
• Examine the interaction between the construction contract and the finance documents.
• Learn about ensuring consistency in risk allocation across all project agreements.

Module 7: Dispute Resolution and Crisis Management in PPP

• Understand the multi-tiered dispute resolution mechanisms common in PPP (e.g., expert determination, arbitration, DAB/DAAB).
• Discuss the challenges of resolving disputes involving multiple parties (government, private partner, lenders).
• Explore the role of Dispute Avoidance Boards (DAABs) in preventing escalation.
• Examine the implications of termination in a PPP context (e.g., compensation, hand-back).
• Learn about managing reputational risks and public perception during disputes.

Module 8: Case Studies and Best Practices in PPP Application

• Analyze real-world case studies of successful and challenging PPP infrastructure projects.
• Discuss lessons learned from different sectoral applications (e.g., transport, energy, water).
• Explore best practices for contractual innovation and collaboration in PPP.
• Examine the role of governance and transparency in building trust.
• Learn about emerging trends in PPP and sustainable infrastructure development.
• 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