Event
REGISTRATION FOR THIS COURSE IS CLOSED AS WE REACHED MAXIMUM CAPACITY.
Program overview
This Module 2 training course will bring you the necessary detailed knowledge and insights as to the claim management and dispute resolution provisions under the FIDIC Conditions of Contract, 1999 Edition. Although focused on the 1999 Edition of the FIDIC Red & Yellow Book Contracts, the course will also present the main features of the 2017 Edition of those forms, and the main changes brought by this recent update to the 1999 Edition, as far as relevant to the topics covered under the course
It covers the identification of project risks, their allocation, and the various causes of claim which can emerge over a construction contract and the way FIDIC addresses those. It details the way to handle claims – preparation, submission, assessment, determination under FIDIC Contracts, and how disputes are prevented or otherwise resolved. The course will incorporate a large portion of actual project experiences feedback, as well as a presentation of relevant recent authorities on such matters (case law in particular). Various case studies / work exercises will be proposed to participants so as to facilitate capacity building through hands-on applications and extensive interaction with the tutor and the other participants.
Program objectives
This online training Module will allow you to:
- Thoroughly understand the claim & dispute resolution procedures under FIDIC 1999 Conditions of Contract
- Get the necessary knowledge about the main changes introduced by the 2017 Update of the Red & Yellow Books
- Be aware of practical issues encountered on projects as to claims and disputes, and how to address those
- Learn from recent FIDIC case law and other authorities as to claims & dispute matters
- Benefit from practical/hands-on feedback and insights from an experienced FIDIC practitioner
Who should attend
This training course is specifically designed for those involved in the administration of FIDIC Contracts, either acting as Employer, Engineer, Contractor, consultant/advisor (claim consultant, legal advisor, etc), and wishing to increase their knowledge and benefit from practical insights as to the claim management & dispute resolution mechanisms under FIDIC Conditions of Contract.
Teaching method
Live online sessions + homework on case-studies
Content
Module 2 detailed programme
Session 1 – Risk allocation and claim causes - 2 July 2021
- Principles of risk allocation under FIDIC forms of Contract
- Comparative risk allocation profile within the 1999 FIDIC Suite of Contract
- Events giving rise to claims
Session 2 – Claim procedures - 12 July 2021
- Contractor’s claims
- Time bar on notices => fatal to a claim? Impact of governing law
- Fully detailed claims – Records and substantiation
- Employer’s Claims
Session 3 – Claims quantum - 19 July 2021
- Legal and contractual basis
- Measure of damages
- Limitation of liability
- Records and Substantiation
- Disruption costs
- Indirect costs - overheads
Session 4 – Extension of Time claims - 23 August 2021
- Delay damages under the contract and at law – common law / civil law perspective
- EoT entitlements under the contract
- Who owns the float? FIDIC vs SCL comparison
- Delay analysis techniques
- Claim recommended structure and contents
Session 5 – Wrap-up on claims - 30 August 2021
- Claim recommended structure and contents
- Sources of authority for claims
- Your claim issues
Session 6 – Dispute resolution methods - 6 September 2021
- What is a dispute?
- Presentation of Alternative Dispute Resolution (ADR) methods in the construction industry
- Dispute Adjudication Boards under FIDIC forms of Contract
Session 7 – DAB core principles - 17 September 2021
- Mandatory first step of dispute resolution
- Formation, obligations
- Want of impartiality/conflict of interest guidelines
- Jurisdiction
- Fees, liability and expiry
Session 8 – DAB Procedural Rules - 24 September 2021
- Site visits
- Dispute prevention
- Natural justice
- Decision process
- Post-decision events
Session 9 – Arbitration - 30 September 2021
- Enforcement of DAB decisions
- Arbitration rules
- Arbitration seat
- Award recognition & enforcement – New York Convention
- Your dispute resolution issues
Course work
The case work will take place on a chat type of platform where the course participants present and discuss a case input in writing. Presentations, assessments and discussions of the submitted replies will take place in an on-line classroom. The virtual platform for case work is provided by Podio and the classroom sessions are run on Adobe Connect. This on-line course only requires that Participants have access to a computer with internet connection either at their workplace or at home, whichever is more convenient in regard to the timing of the sessions. Work assignments may be undertaken at any time; lectures and classroom participation require being available at predetermined hours. Participants will be divided into groups according to the most suitable time zone.
Workload
- A session of 2 hours every 2 weeks plus case study work at home between each session
- All lectures and classroom sessions are recorded and can be reviewed at any time, not to miss any session. No final exam is required.
Duration
- 9 sessions of 2 hours each
- One session scheduled about every 2 weeks
Sessions dates
- Session 1 - 2 July 2021
- Session 2 - 12 July 2021
- Session 3 - 19 July 2021
- Session 4 - 23 August 2021
- Session 5 - 30 August 2021
- Session 6 - 6 September 2021
- Session 7 - 17 September 2021
- Session 8 - 24 September 2021
- Session 9 - 30 September 2021
Sessions are tentatively at 14.00 CET on Fridays or Mondays according to the time zones and number of participants. Each session lasts up to two hours.
Use the below site to check your local time using Geneva, Switzerland as the target destination.
http://www.timeanddate.com/worldclock/converter.html
Reallocation on teams or cancelling of teams will depend on the number signing up for each team.
Starting date
Friday 2 July 2021
Application deadline
22 June 2021
Admission criteria
Having attended Module 1 or having previous practical knowledge of FIDIC contracts is recommended. This online course only requires that participants have access to a computer with an internet connection either at their workplace or at home, whichever is more convenient regarding the timing of the sessions.
Official FIDIC certificate
A Certificate of Completion will be provided by FIDIC to the participants having attended all sessions (either live or recorded) and submitted in writing all of the exercises or case works on the FIDIC Academy eLearning platform. The participants who do not meet this requirement will not receive a certificate.
Costs
Cost: Euro 2000
Signature features
- A trainer who is seasoned and currently active business practitioner and expert in their field
- An international and diverse environment with students from across the world
- Practical experience on the use of the FIDIC Yellow and Red book
Trainer
The course tutor is a FIDIC accredited trainer:
Vincent Leloup: Eur Ing, MSc. Water Management, MSc. Agronomy, FIDIC Accredited Trainer and Dispute Adjudicator, Member of the FIDIC Contracts Committee
Programme content and course details
Vincent Leloup | FIDIC Accredited Trainer
vincent.leloup at exequatur.pro
Administrative questions:
Silvia Fossati,
Training Manager, FIDIC
FIDIC, Box 311, CH-1215 Geneva 15
Tel: +41 (0)22 799 49 00
Fax: +41 (0)22 799 4901
Mail: sfossati at fidic.org
Web : www.fidic.org