Leading Strategies in Resolving Contractual Claims & Disputes (FIDIC Claims)

Introduction

Course Objectives of Contractual Claims and Disputes

• Understand the claim and dispute resolution procedures under FIDIC Conditions of Contract.
• Recognize practical issues encountered on projects as to claims and disputes, and how to address those.
• Apply practical/hands-on feedback and insights from an experienced practitioner and a claims consultant.
• Demonstrate the necessary knowledge, advice, and insights in order to navigate through the claim and dispute provisions of their projects.

Course Outline of Contractual Claims and Disputes

Day 1

Introduction to FIDIC   

• General Introduction.
• Introduction to the FIDIC Contracts.
• Managing Variations.
• Variations covered by Clause 13 and related clauses.
• Definition.
• Initiation and instruction of variations.
• Role of the Engineer.
• FIDIC approach (Construction versus Plant and Design-Build Contract).

Day 2

The Management of Claims

• Claims: causes and risks.
• Inherent project risks.
• Allocation of risks under FIDIC contracts.
• Analysis of contractual risk.
• Notices and claims procedures.
• Clauses requiring notice by the Contractor.
• Employer’s/Engineer’s claims (Sub-Clause 2.5).
• Delegation by the Engineer (Sub-Clause 3.2).
• Contractor’s claims (Sub-Clause 20.1).
• Notification of claims.
• Contemporary records.
• Preparation of claims.
• Engineer’s assessment and principles of claim.
• Engineers valuation.
• Engineer’s determination (Clause 3.5).
• Claims for delay.
• Extension of time (Sub-Clause 8.4 and 8.5).
• Force majeure (Sub-Clause 19.4).
• Delay damages.
• Claims for additional payment I.
• Ground conditions (Sub-Clause 4.12).
• Late possession (Sub-Clause 2.1).
• Breaches of contract.
• Employer’s financial claims.

Day 3

Procedure

• Delay damages.
• Defects in works and/or design.
• Defects in work and design.
• Retention and bonds.

• General Issues.
• The Employer.
• The Engineer.
• The Contractor.
• Termination by the Employer.
• Suspension and Termination by the Contractor.
• Risk and responsibility.
• Force majeure.

Day 4

The Resolution of Disputes

• Dispute Adjudication Board (DAB) principles.
• Types of DAB.
• Guarantees and general obligations of the DAB.
• Nomination of DAB.
• Qualifications and selection of members.
• Cost and Payments to the DAB.
• Dispute Adjudication Board working.
• Appointment Failure to agree Referral to the DAB.
• Presentation of evidence to the DAB.
• DAB’s decision.
• Post-DAB decision processes.
• Implementation.
• Post-DAB mediation.

Day 5

Enforcement

• Amicable settlement.
• Arbitration.
• Arbitrating Claims.
• ICC Rules.
• Selecting arbitrators.
• Use of experts.