FIDIC Claims: Management of Claims and Resolution of Disputes

Introduction:

With all FIDIC contracts, there will be claims. This FIDIC claims management and dispute resolution training course provides practical assistance to those working with the FIDIC Contract Conditions 1999 and 2017 Editions in managing claims and achieving resolution to claims, particularly the workings of the Dispute Adjudication Board.

This FIDIC claims management and dispute resolution course provides extensive international experience in claims and alternative dispute resolution. It explains and illustrates contract management, claim management, and dispute management under the 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 FIDIC claims management and dispute resolution course provides participants with a professional understanding of the responsibilities and rights of the Parties under a FIDIC Contract and the procedures to manage claims, where claims resolution will be achieved more successfully. The course provides exercises and case studies to guide participants in applying the FIDIC Clauses.

Targeted Groups:

This FIDIC claims management and dispute resolution 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 FIDIC claims management and dispute resolution 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 regarding 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 their projects' FIDIC claim and dispute provisions.

Targeted Competencies:

By the end of this, FIDIC claims management and dispute resolution training, the participant's competencies will be able to:

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

Importance of Claim Management in FIDIC Contracts:

In this FIDIC claims management and dispute resolution course, participants will understand the importance of claim management's recognition in FIDIC contracts. Effective claim management ensures parties handle contractual claims efficiently, reducing potential conflicts and fostering an environment that encourages amicable solutions.

Claim management solutions and claim management systems are essential tools that assist stakeholders in documenting, analyzing, and resolving claims by contract conditions. Undertaking professional claims management training and participating in a claims management course can provide essential knowledge and skills that significantly contribute to successful project completion and dispute avoidance.

Benefits and Methods of Dispute Resolution:

Dispute resolution is a crucial component of managing FIDIC contracts. Its benefits include maintaining professional relationships, saving time and money that would otherwise be lost in long litigation processes, and achieving mutually accepted outcomes.

Therefore, understanding dispute resolution methods, such as adjudication, arbitration, and negotiation, is vital for the parties involved. Dispute resolution training equips individuals with the necessary competencies to navigate these processes effectively, promoting harmonious and fair resolutions.

Course Content:

Unit 1: Introduction to FIDIC:

• General Introduction.
• Introduction to the FIDIC Contracts.

Unit 2: Managing Variations:

• Know the 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.
• Allocate risks under FIDIC contracts.
• Analysis of contractual risks.

Unit 4: Notices and Claims Procedures:

• Know the 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.
• Learn about the guarantees and general obligations of the DAB.
• Nomination of DAB.
• Qualify and select members.
• Cost and Payments to the DAB.