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

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 on 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