FIDIC Contract Management and Dispute Resolution

Introduction

The FIDIC Contract Management and Dispute Resolution course is designed to provide participants with a comprehensive understanding of FIDIC contracts, their administration, and the resolution of disputes that may arise during construction projects. FIDIC contracts are widely used in the international construction industry, and a thorough understanding of their principles is essential for project managers, engineers, contractors, and legal professionals.

Course Objectives

1. Understand the fundamentals of FIDIC contracts, including their types and key provisions.
2. Identify the roles and responsibilities of various parties involved in a FIDIC contract.
3. Effectively administer FIDIC contracts, including handling variations, claims, and payments.
4. Implement dispute avoidance strategies and early resolution techniques.
5. Manage claims under FIDIC contracts, from documentation to evaluation and settlement.
6. Gain insight into the dispute resolution mechanisms available in FIDIC contracts, including arbitration and dispute boards.
7. Analyse real-world case studies and apply lessons learned to practical scenarios

Course Outline

Day 1

Introduction to FIDIC Contracts

1. Introduction to FIDIC (International Federation of Consulting Engineers)
2. Types of FIDIC Contracts (e.g., Red Book, Yellow Book, Silver Book)
3. Key Clauses and General Provisions
4. Parties in a FIDIC Contract (Employer, Contractor, Engineer)
5. Project Phases and Roles
6. Key Contract Documents
7. Risk Allocation and Management

Day 2

FIDIC Contract Administration

• Contract Administration Principles
• Contractor's Obligations and Rights
• Engineer's Role and Duties
• Notices, Claims, and Variations
• Payment Mechanisms
• Time and Delay Provisions
• Quality and Performance Standards
• Suspension and Termination

Day 3

Dispute Avoidance and Early Resolution

• Dispute Resolution Mechanisms in FIDIC Contracts
• The Importance of Early Warning Notices
• Negotiation and Mediation
• Expert Determination
• Dispute Boards and Their Role
• Preparing for Dispute Resolution
• Case Studies and Practical Exercises

Day 4

FIDIC Claims Management

• Types of Claims (EOT, Variations, Quantum)
• Claim Procedure under FIDIC Contracts
• Claim Documentation and Submittals
• Evaluation and Settlement of Claims
• Dispute Resolution Clauses
• Arbitration under FIDIC Contracts
• Litigation vs. Arbitration
• Mock Arbitration Exercise

Day 5

Case Studies and Practical Application

• Review of Real-world FIDIC Disputes
• Analysis of Dispute Resolution Outcomes
• Lessons Learned and Best Practices
• Group Exercise: Drafting a FIDIC Contract
• Q&A Session
• Course Conclusion and Certificates