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International Contracts Training Course

The Practical Management of Contract Claims
and the Resolution of Disputes”
under the 1999 FIDIC Contract Conditions (Construction / Design-Build)
and MDBs’ Harmonised Construction Contract
 OVERVIEW
With all FIDIC contracts there will be claims. This training course is designed to provide practical assistance
to those working with the New FIDIC Contract Conditions (1999 Editions) in the management of claims and
achieving resolution to claims and in particular the workings of the Dispute Adjudication Board.
It is applicable to all the Parties involved within a New FIDIC Contract – the Employer, the Contractor, the
Engineer, and the DAB Members. By having a professional understanding of the responsibilities and rights
of the Parties under a New FIDIC contract and the procedures to manage claims, the resolution of claims will
be achieved more successfully. The tutors of the course are very experienced British engineers, who have
extensive involvement with FIDIC claims, disputes, adjudications, and arbitration procedures throughout the
world.
The World Bank and the IFI’s also require a Dispute Board on the same basis as the FIDIC Contract and
detailed in Harmonised Construction Contract.
SEMINAR TUTORS:
The tutors are provided by European Construction Ventures, ECV, in collaboration with FIDIC. ECV
specialises in training and management consultancy to the international construction and infrastructure
industries. The ECV tutors have provided over 150 training courses worldwide in the last 3 years on the
practical use of FIDIC documents.
David Heslett BSc (Hons) C.Eng, FICE
Managing Director, ECV
Brian W Totterdill BSc (Hons) C.Eng, FICE, FIStruct E, FCI Arb.
Senior Consultant, ECV
Gwyn Owen – MSc, BSc, CEng FICE, FconsE, FCI Arb.
Senior ECV Consultant and FIDIC Adjudicator (President’s List)
All tutors have passed the FIDIC DAB Adjudicators examinations
COURSE MATERIALS
All delegates will be provided the following materials, in English:
• FIDIC Conditions of Contract for Construction 1999 edition
• FIDIC Conditions of Contract for Plant and Design – Build 1999 edition
• Course notes, especially written for using “Construction Contract”
• Schedule of overheads used during the seminar – to be used as “Work Book”
• Notes on changes incorporated within MDBs’ Harmonsided Construction Contract
WHO SHOULD ATTEND?
The seminar provides the necessary knowledge for professionals from Government Ministries and Agencies,
Private Sector Employers, Consulting Engineers, Contractors, Quantity Surveyors, Legal Advisers and all
involved with the next generation of International Projects. It is particularly important where FIDIC and DAB
procedures shall be implemented and adjudication is available to resolve disputes.
Programme
Day 1: 09.30 – 1700
The Management of Claims
Claims: Causes and Risks
• Inherent project risks
• Allocation of risks under FIDIC contracts
Contract
• Analysis of Contractual risks
Claims Procedures
• Clauses requiring notice by the Contractor
• Clause 2.5 Employer’s Claims
• Clause 3.2 Delegation by the Engineer
• Clause 3.5 Engineer’s determination
Clause 20.1 Contractor’s Claims
• Notification of Claims
• Contemporary records
• Preparation of Claims
• Engineer’s assessment and Principles of
Claim
• Engineers Valuation
• Engineer’s determination Clause - 3.5
The Resolution of Disputes
Principles Governing the Dispute
Adjudication Board (DAB)
• Types of DAB
• Qualifications and selection of members
• Cost and Payments to the DAB
Day 2: 09.00 – 17.00
The Resolution of Disputes (cont)
Principles Governing the DAB
• The Working of the DAB
• Referral to the DAB
• Presentation of evidence to the DAB
• The DAB’s decision
Alternative Procedure for an Engineer’s
Decision
• The FIDIC alternative procedure
• Arguments for and against the alternative
procedure
Post DAB/Engineer’s Decision
• Implementation and Enforcement
• Amicable Settlement
• Arbitration
Case Study of Dispute Resolution by DAB
• Presentation by Contractor
• Employer’s response
• DAB adjudication and decision
MDBs’ Harmonised Construction Contract
• Dispute Board DB
• Differences between DAB and DB
Throughout the seminar there will be opportunities for questions,
and where appropriate, case studies will be introduced.
Attendance Fees
Delegate Fee Euro 950
(includes lunch and refreshments and course materials)
For 2 or more delegates from same organisation Delegate Fee Euro 850
10% discount for registration before 1st February 2006.
Seminar Venue
HOTEL SILKEN BERLAYMONT (formerly Hotel Dorint)
Boulevard Charlemagne 11 – 19
B - 1000 Brussels, Belgium
Tel: +32 22 31 0909 Fax: +32 22 30 3371
Registration: Please complete the enclosed registration form.


March06 Brussels

Autore: Claudia Pippo - 06/03/2006