Course Details

Managing Claims Under FIDIC Contracts Training Course

INTRODUCTION

This essential training course provides comprehensive knowledge and practical skills for effectively managing claims under FIDIC Contracts. Recognizing that claims are an inherent part of complex construction and engineering projects, often leading to significant cost and time overruns if not properly handled, this program equips participants with a systematic understanding of FIDIC's rigorous claim procedures, notification requirements, substantiation demands, and assessment methodologies. Participants will gain deep insights into identifying potential claims, preparing robust submissions, responding to claims from other parties, and navigating the initial dispute resolution steps, all crucial for protecting contractual entitlements, minimizing liabilities, and safeguarding project profitability.

This course is designed for professionals who are actively involved in the day-to-day administration and commercial management of FIDIC-based projects, whether from the Employer, Engineer, or Contractor side. It moves beyond a theoretical understanding of clauses to empower participants with the practical skills and strategic insights needed to proactively manage claims, ensuring compliance, fairness, and efficient resolution to maintain project momentum.

DURATION

10 days

TARGET AUDIENCE

This course is specifically designed for professionals actively involved in the administration and commercial management of FIDIC contracts who need to understand and apply effective claims management strategies, including:

• Contract Managers and Administrators.
• Commercial Managers and Quantity Surveyors.
• Project Managers and Directors.
• Site Engineers and Construction Managers.
• Legal and Claims Specialists.

OBJECTIVES

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

• Understand the principles and types of claims under FIDIC Contracts.
• Master the notification requirements and strict time bars for claims.
• Develop skills in preparing and substantiating robust claims.
• Effectively respond to claims from other contractual parties.
• Navigate the initial assessment and determination processes for claims under FIDIC.

MODULES

Module 1: Foundations of Claims in FIDIC Contracts

• Define a "Claim" under FIDIC (Employer's and Contractor's claims).
• Explore common causes of claims in construction projects (e.g., variations, delays, unforeseen conditions).
• Understand the philosophy of claims management in FIDIC (e.g., good faith, notice-driven).
• Discuss the importance of a proactive approach to claims avoidance and management.
• Examine the financial and time implications of poorly managed claims.

Module 2: General Claims Procedure (Clause 20.1 - 1999 & Clause 20 - 2017)

• Understand the mandatory notification requirements for claims by both Contractor and Employer.
• Discuss the strict time bars for notices and their consequences (e.g., loss of entitlement).
• Explore the process of initial notification of claimable events.
• Examine the subsequent steps for submission of a fully detailed claim.
• Compare the claims procedures in the 1999 and 2017 editions, highlighting key changes.

Module 3: Detailed Claims Preparation and Substantiation

• Understand the essential elements of a well-prepared claim submission.
• Discuss the importance of factual accuracy, contractual basis, and clear articulation of entitlement.
• Explore methods for quantifying claims for time and money.
• Examine the use of records, contemporaneous documentation, and expert evidence for substantiation.
• Learn about common pitfalls in claim preparation and how to avoid them.

Module 4: Managing Claims for Extension of Time (EOT)

• Understand the specific grounds for Extension of Time (EOT) under various FIDIC Books.
• Discuss the Contractor's notification and detailed submission requirements for EOT claims.
• Explore various delay analysis methodologies (e.g., as-planned vs. as-built, critical path).
• Examine the Engineer's role in assessing EOT claims and concurrent delays.
• Learn about the impact of EOT on Liquidated Damages.

Module 5: Managing Claims for Additional Payment

• Understand the various grounds for claims for additional payment (e.g., variations, unforeseeable conditions, Employer's breaches).
• Discuss the principles of valuation for claims, including direct costs, overheads, and profit.
• Explore the Contractor's entitlement to Cost Plus Profit for certain events (2017 editions).
• Examine the Engineer's process for assessing and determining financial entitlements.
• Learn about the importance of accurate cost records and substantiation.

Module 6: Responding to Claims and Counterclaims

• Understand the Employer's and Engineer's process for reviewing and assessing Contractor's claims.
• Discuss strategies for responding to claims, including requesting further particulars.
• Explore the preparation and submission of Employer's Claims (e.g., for liquidated damages, delays by Contractor).
• Examine the concept of counterclaims and set-offs.
• Learn about best practices for defending claims and minimizing liability.

Module 7: The Engineer's Determination and Agreement or Determination

• Understand the Engineer's (or Employer's Representative in Silver Book) role in determining claims.
• Discuss the process for issuing a determination and its binding nature (unless challenged).
• Explore the concept of "Agreement or Determination" in the 2017 editions (Clause 3.7 & 20).
• Examine the procedures for dissatisfaction with a determination and progression to dispute resolution.
• Learn about the importance of the Engineer's impartiality and reasoned determinations.

Module 8: Claims Avoidance and Strategic Management

• Understand strategies for proactive claims avoidance through robust contract administration.
• Discuss the role of early warning systems and regular communication in preventing claims.
• Explore the use of risk registers and mitigation plans to address potential claim triggers.
• Examine the importance of accurate baseline programmes and records for dispute resolution.
• Learn about the strategic decision-making process for settling, negotiating, or pursuing claims.

• 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