Course Details

Understanding the FIDIC Yellow Book (Plant & Design-Build) Training Course

INTRODUCTION

This essential training course provides comprehensive knowledge and practical skills for an in-depth understanding and effective application of the FIDIC Yellow Book (Conditions of Contract for Plant & Design-Build). Widely used for process, power, and industrial plants, or infrastructure projects where the Contractor takes primary responsibility for design, the Yellow Book is crucial for managing complex, integrated projects. This program equips participants with a systematic understanding of its clauses, the specific risk allocation, and the procedures for design submission, progress monitoring, testing, and payment. Participants will gain deep insights into the unique responsibilities of the Employer, Engineer, and Contractor in a design-build scenario, ensuring they can navigate these sophisticated projects with confidence and competence.

This course is specifically designed for professionals actively involved in, or preparing to be involved in, design-build or EPC (Engineering, Procurement, Construction) projects under FIDIC Yellow Book terms. It empowers participants to interpret contractual obligations for design and construction, manage design risks proactively, handle variations and claims efficiently, and lay the groundwork for successful project completion and dispute avoidance where the Contractor's design responsibility is central.

DURATION

10 days

TARGET AUDIENCE

This course is specifically designed for professionals involved in plant and design-build projects where the Contractor undertakes significant design responsibility, particularly those operating under the FIDIC Yellow Book, including:

• Project Managers and Directors for design-build projects.
• Contract Managers and Administrators.
• Design Managers and Engineers.
• Procurement and Commercial Managers.
• Legal and Dispute Resolution Practitioners in design-build.

OBJECTIVES

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

• Understand the structure and philosophy of the FIDIC Yellow Book and its design-build focus.
• Clearly define the roles, responsibilities, and design obligations of all parties.
• Effectively manage design submissions, progress, and integrated project delivery.
• Identify and administer variations and claims according to Yellow Book procedures.
• Navigate the testing and commissioning processes specific to plant and design-build.

MODULES

Module 1: The FIDIC Yellow Book: Structure and Philosophy

• Understand the specific application and characteristics of the FIDIC Yellow Book (1999 and 2017 editions, noting key differences).
• Explore the fundamental principles of risk allocation in the Yellow Book (Contractor-designed works).
• Discuss the concept of the "Engineer" as the Employer's representative and certifier for design-build.
• Examine the overall structure and interrelation of the Yellow Book Clauses.
• Learn about the importance of Employer's Requirements and Contractor's Proposals.

Module 2: Roles and Responsibilities with Design Obligation

• Understand the detailed obligations and duties of the Employer (Clauses 2 & 4).
• Discuss the comprehensive duties and authority of the Engineer (Clause 3) in a design-build context.
• Explore the Contractor's General Obligations and design responsibilities (Clause 4).
• Examine the interaction between Employer's Requirements and Contractor's detailed design.
• Learn about critical collaboration requirements in design-build projects.

Module 3: Design Submissions and Review Process

• Understand the Contractor's obligation to submit Contractor's Documents (design documents) for review (Clause 5).
• Discuss the Engineer's role in reviewing and commenting on design submissions.
• Explore the implications of "no-objection" versus "approval" of design documents.
• Examine the Contractor's responsibility for adequacy, stability, and safety of design.
• Learn about managing intellectual property rights related to design.

Module 4: Measurement, Valuation, and Payments

• Understand the mechanisms for measurement and valuation of lump sum or re-measured work in design-build.
• Discuss the basis for valuation of variations (Clause 13) in a design-build context.
• Explore the Contractor's entitlement to payment and the Engineer's payment certification process (Clause 14).
• Examine provisions for advance payment, interim payments, and retention money.
• Learn about the Final Payment Certificate and discharge from liability.

Module 5: Testing, Completion, and Defects Liability

• Understand the crucial role of tests on completion and functional tests (Clause 9 & 10).
• Discuss the procedures for taking over the works and the taking-over certificate.
• Explore the management of the Defects Notification Period and remedying defects (Clause 11).
• Examine the importance of performance certificates and meeting specified performance criteria.
• Learn about the impact of failure to pass tests and the associated liabilities.

Module 6: Time, Delays, and Suspension

• Understand the Contractor's entitlement to Extension of Time (EOT) (Clause 8).
• Discuss the specific grounds for EOT, including those related to Employer's design changes or approval delays.
• Explore the procedures for notification of delays and claims for EOT.
• Examine the Engineer's role in assessing delays and granting EOTs.
• Learn about the Employer's and Engineer's powers to suspend work and their implications (Clause 8).

Module 7: Variations and Adjustments

• Define a "Variation" under the Yellow Book and the Engineer's power to instruct them (Clause 13).
• Discuss the challenges of valuing variations in a design-build context where the Contractor's original design is impacted.
• Explore the Contractor's right to object to a variation that changes the fundamental nature of the works.
• Examine the procedures for provisional sums and daywork.
• Learn about adjustments for changes in legislation or cost (Clause 13).

Module 8: Claims and Disputes

• Understand the nature of claims by both the Contractor and the Employer (Clauses 20.1 & 2.5).
• Discuss the critical notification requirements and timelines for claims.
• Explore the Engineer's role in the initial assessment and determination of claims.
• Examine the structure and role of the Dispute Adjudication Board (DAB) or DAAB (Clause 21).
• Learn about the process for referral to arbitration under the Yellow Book.

• 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