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

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

Course Outlines

Day 1: Introduction to FIDIC Contracts

• Introduction to FIDIC (International Federation of Consulting Engineers).
• Types of FIDIC Contracts (e.g., Red Book, Yellow Book, Silver Book).
• Key Clauses and General Provisions.
• Parties in a FIDIC Contract (Employer, Contractor, Engineer).
• Project Phases and Roles.
• Key Contract Documents.
• 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.