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Legal & Contracts Management Courses


FIDIC Claims: Management of Claims and Resolution of Disputes

Introduction:

With all FIDIC contracts, there will be claims. This training course is designed to provide practical assistance to those working with the FIDIC Contract Conditions 1999 and 2017 Editions in the
management of claims and achieving resolution to claims, and in particular the workings of the Dispute Adjudication Board.
This course provides extensive international experience in claims and alternative dispute resolution, explains and illustrates contract management, claim management and dispute management under FIDIC Conditions of Contract for Construction the “Construction Contract” or the “Red Book” and the FIDIC Conditions of Contract for Plant and Design-Build the “Design-Build Contract” or the “Yellow Book”.
The course is designed to provide participants with a professional understanding of the responsibilities and rights of the Parties under a FIDIC Contract and the procedures to manage
claims, where the resolution of claims will be achieved more successfully. Throughout the course, exercises and case studies are provided to guide participants in the application of the FIDIC Clauses

Targeted Groups:

This course provides the necessary knowledge for professionals from Government Ministries and Agencies, Private Sector Employers, Consulting Engineers, Contractors, Construction Managers, Quantity Surveyors, Architects, Legal Advisers, Funding Agencies, Insurers, and all others involved with FIDIC Contracts

Course Objectives:

At the end of this course the participants will be able to:

  • 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
  • Summarize recent FIDIC case law and other authorities as to claims and dispute matters
  • Apply practical/hands-on feedback and insights from an experienced FIDIC practitioner and a claims consultant
  • Demonstrate the necessary knowledge, advice, and insights to navigate through the FIDIC claim and dispute provisions on their projects

Targeted Competencies:

  • Contract Administration
  • Claim Management
  • Dispute Resolution
  • FIDIC Contracts
  • FIDIC Claims

Course Content:
Unit 1: Introduction to FIDIC:

  • General Introduction
  • Introduction to the FIDIC Contracts

Unit 2: 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

Unit 3: The Management of Claims:

  • Claims: causes and risks
  • Inherent project risks
  • Allocation of risks under FIDIC contracts
  • Analysis of contractual risk

Unit 4: 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

Unit 5: Employer’s Financial Claims:

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

Unit 6: The Responsibilities of the Main Parties:

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

Unit 7: 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

Legal & Contracts Management Courses
FIDIC Claims: Management of Claims and Resolution of Disputes (LG15224)

 

Mercury dynamic schedule is constantly reviewed and updated to ensure that every category is being addressed at least once a month, if not once every week. Please check the training courses listed below and if you do not find the subject you are interested in, email us or give us a call and we will do our best to assist.

Istanbul Office (Turkey)

training@mercury-training.com +905395991206

London (UK)

training@mercury-training.com +447481362802

Amman (Jordan)

training@mercury-training.com +962785666966