Course Details

FIDIC for Design & Build Contracts (Advanced Level) Training Course

INTRODUCTION

This advanced training course provides in-depth knowledge and practical expertise for mastering FIDIC for Design & Build Contracts, specifically focusing on the complexities of the Yellow Book and relevant aspects of the Silver Book. Recognizing that design-build projects inherently transfer significant design risk and coordination responsibility to the Contractor, FIDIC for Design & Build Contracts (Advanced Level) Training Course equips experienced professionals with sophisticated understanding of navigating intricate design submission processes, managing interface risks, handling complex variations and claims related to design, and ensuring performance guarantees are met. Participants will gain deep insights into advanced contractual interpretations, risk mitigation strategies specific to integrated delivery models, and effective dispute avoidance for projects where the Contractor's design obligation is central.

This course is designed for seasoned project managers, design managers, contract specialists, and legal professionals who routinely encounter the nuanced challenges of FIDIC design-build projects. It moves beyond foundational understanding to empower participants with the strategic acumen and technical insights required to lead, administer, and troubleshoot high-value, integrated design-build ventures, ensuring successful delivery while optimizing risk allocation and safeguarding commercial interests.

DURATION

10 days

TARGET AUDIENCE

This course is specifically designed for experienced professionals seeking advanced knowledge in managing FIDIC Design & Build contracts (Yellow and Silver Books), including:

• Senior Project Managers and Directors on D&B/EPC projects.
• Design Managers and Lead Engineers responsible for Contractor's design.
• Senior Contract Managers and Commercial Managers.
• Legal Counsel and Claims Consultants specializing in design-build.
• Experienced Quantity Surveyors involved in design-build valuations.

OBJECTIVES

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

• Master the intricate design and performance obligations under FIDIC Yellow and Silver Books.
• Develop advanced strategies for managing design submissions, reviews, and liabilities.
• Effectively administer complex variations and claims with design implications.
• Understand and manage performance guarantees and testing regimes.
• Apply sophisticated techniques for risk allocation and dispute avoidance in D&B projects.

MODULES

Module 1: Advanced Overview of Design & Build Frameworks in FIDIC

• Deep dive into the philosophical differences and nuanced risk allocations of the Yellow Book (Contractor's Design) and Silver Book (EPC/Turnkey).
• Explore the specific Employer's Requirements (ERs) and their impact on Contractor's design liability.
• Understand the interface risks between Employer's requirements, site data, and Contractor's design.
• Examine the legal concept of "fitness for purpose" as it applies to Contractor's design.
• Analyze the commercial implications of design responsibility on pricing and contingencies.

Module 2: Managing Contractor's Design and Documentation (Clause 5)

• Master the detailed requirements for Contractor's Documents (design submissions) and their content.
• Understand the nuances of the Engineer's "no-objection" vs. "approval" and their legal ramifications.
• Explore the consequences of defective design and the Contractor's continuing liability.
• Examine the interplay between international standards, codes, and Contractor's design.
• Learn about best practices for design management plans and interface coordination.

Module 3: Advanced Principles of Performance Guarantees and Testing

• Understand the critical role of Tests on Completion (Clause 9) and Tests After Completion (Clause 12).
• Discuss the procedures for demonstrating fitness for purpose and performance criteria.
• Explore the calculation and application of performance Liquidated Damages.
• Examine the impact of failures during testing and the Contractor's remedial obligations.
• Learn about commissioning, start-up, and hand-over protocols for complex plant.

Module 4: Managing Design-Related Variations and Changes

• Analyze complex scenarios for Variations (Clause 13) stemming from design changes (Employer or Contractor driven).
• Understand the valuation challenges of variations in a lump-sum, design-build context.
• Discuss the Contractor's right to object to variations that fundamentally alter the project.
• Explore the impact of changes in law or regulations on Contractor's design obligations.
• Examine strategies for early agreement on design changes to avoid disputes.

Module 5: Claims Arising from Design and Interfaces

• Identify common claims scenarios specific to design-build projects (e.g., ambiguities in ERs, unforeseen ground conditions impacting design, late Employer approvals).
• Master the stringent notification requirements (Clause 20/20.1) for design-related claims.
• Understand the burden of proof for attributing responsibility for design errors or omissions.
• Explore methods for quantifying costs and time impacts of design-related claims.
• Learn about defending against Employer's claims for design defects.

Module 6: Advanced Delay and Disruption Analysis in D&B

• Apply sophisticated delay analysis techniques (e.g., AACEI methods) to complex D&B schedules.
• Understand the challenges of attributing concurrent delays in design-build projects.
• Discuss the Contractor's liability for design-induced delays and their impact on EOT.
• Explore methods for quantifying disruption and loss of productivity due to design changes or Employer interference.
• Examine the implications of "no-damage for delay" clauses in D&B contracts.

Module 7: Risk Management and Liabilities in D&B/EPC Projects

• Deep dive into the Employer's and Contractor's specific liabilities for design and performance.
• Understand the interplay between Professional Indemnity Insurance and contractual liability caps.
• Discuss the management of unforeseeable ground conditions and their impact on design (contrasting Yellow vs. Silver).
• Explore strategies for mitigating interface risks between different project components or contractors.
• Analyze the impact of Force Majeure/Exceptional Events on integrated project delivery.

Module 8: Dispute Resolution Strategies for Design & Build Projects

• Understand the nuanced role of the Engineer (Yellow Book) vs. Employer's Representative (Silver Book) in dispute avoidance and claims determination.
• Explore strategies for effective engagement with the DAAB/DAB (Clause 21) for design-related disputes.
• Discuss the preparation of compelling referrals and responses for complex technical disputes.
• Examine the strategic considerations for pursuing arbitration for unresolved design and performance claims.
• Learn about fostering collaboration to avoid protracted disputes in integrated projects.
• 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