Course Details

FIDIC White Book – Consultancy Agreements Training Course

INTRODUCTION

This essential training course provides comprehensive knowledge and practical skills for effectively understanding and applying the FIDIC White Book (Client/Consultant Model Services Agreement). As the globally recognized standard for appointing consulting engineers and professional service providers, the White Book is crucial for establishing clear and equitable relationships between clients and consultants on diverse projects. This program equips participants with a systematic understanding of its clauses, the allocation of responsibilities, fees, intellectual property rights, and professional liability. Participants will gain deep insights into defining scopes of service, managing deliverables, negotiating fair terms, and navigating dispute resolution, all crucial for fostering successful collaborations and achieving optimal project outcomes.

This course is designed for professionals involved in procuring or providing consulting services across various sectors, from engineering and architecture to project management and specialized technical advice. It demystifies the structure and application of these critical agreements, empowering participants to confidently negotiate, administer, and manage consultancy contracts, ensuring clarity, accountability, and the effective delivery of professional services.

DURATION

10 days

TARGET AUDIENCE

This course is specifically designed for professionals involved in contracting for or providing consultancy services, particularly those utilizing or considering the FIDIC White Book, including:

• Clients and Employers procuring consultancy services.
• Consulting Engineers and their professional staff.
• Project Managers and Directors overseeing consultancy engagements.
• Legal and Commercial Professionals involved in service agreements.
• Procurement Officers responsible for engaging consultants.

OBJECTIVES

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

• Understand the structure and philosophy of the FIDIC White Book.
• Clearly define the roles, responsibilities, and duties of both Client and Consultant.
• Effectively manage scope of services, fees, and payments under the White Book.
• Navigate provisions related to professional liability, indemnity, and intellectual property.
• Apply the dispute resolution mechanisms specific to consultancy agreements.

MODULES

Module 1: Introduction to the FIDIC White Book and its Application

• Define the FIDIC White Book (Client/Consultant Model Services Agreement) and its purpose.
• Explore the context and typical applications of the White Book (e.g., design, supervision, project management, studies).
• Understand the philosophy of a balanced and fair agreement between Client and Consultant.
• Discuss the structure of the White Book, including General Conditions and Particular Conditions.
• Examine the benefits of using a standardized agreement for consultancy services.

Module 2: Roles, Responsibilities, and General Provisions

• Understand the Client's obligations (e.g., providing information, site access, timely decisions).
• Discuss the Consultant's general obligations (e.g., duty of care, professional skill, due diligence).
• Explore the importance of mutual cooperation and good faith.
• Examine the conditions for effectiveness of the agreement and commencement of services.
• Learn about general provisions related to communications, language, and governing law.

Module 3: Scope of Services and Programme

• Understand the critical importance of a clearly defined "Scope of Services".
• Discuss different ways of defining services (e.g., phases, deliverables, lump sum vs. time-based).
• Explore the development and management of the "Programme for the Services".
• Examine procedures for changes in the scope of services (variations).
• Learn about the Consultant's obligation to perform services efficiently and effectively.

Module 4: Fees, Payments, and Expenses

• Understand the different methods for calculating and agreeing fees (e.g., time-based, lump sum, percentage of cost).
• Discuss the procedures for invoicing and payment under the White Book.
• Explore provisions for reimbursable expenses and out-of-pocket costs.
• Examine the implications of delayed payments and interest.
• Learn about the process for adjusting fees for changes in scope or duration.

Module 5: Professional Liability, Indemnity, and Insurance

• Understand the concept of Consultant's professional liability for negligence or breach.
• Discuss the limits of liability and caps on damages as typically defined in the White Book.
• Explore provisions for indemnification by both Client and Consultant.
• Examine the insurance requirements for professional indemnity, general liability, and other risks.
• Learn about managing risks related to fitness for purpose and design responsibility.

Module 6: Intellectual Property and Use of Documents

• Understand the allocation of intellectual property rights in documents prepared by the Consultant.
• Discuss the Client's right to use the documents for the stated purpose of the project.
• Explore restrictions on the Consultant's use of project-specific information.
• Examine the importance of clear clauses regarding confidentiality.
• Learn about protecting proprietary information and know-how.

Module 7: Suspension, Termination, and Completion

• Understand the conditions under which either party can suspend the services.
• Discuss the grounds for termination of the agreement by the Client or the Consultant.
• Explore the procedures for termination for convenience or default.
• Examine the financial consequences of suspension and termination.
• Learn about the formal process of completion of the services and final payments.

Module 8: Claims and Dispute Resolution

• Understand the process for addressing claims by either the Client or the Consultant.
• Discuss the importance of amicable settlement as the preferred first step in dispute resolution.
• Explore the option of mediation as a non-binding dispute resolution method.
• Examine the final step of arbitration as the binding dispute resolution mechanism.
• Learn about the general principles of international arbitration relevant to consultancy agreements.

• 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