FIDIC Claims: Claim Management and Dispute Resolution

Introduction:

This FIDIC Claims Management / Dispute Resolution training course is tailored for users of FIDIC Contract Conditions (1999 and/or 2017), focusing on the critical aspects of claiming changes and managing disputes. Emphasizing practical and effective resolution methods, including the Dispute Adjudication Board (DAB) process, the course provides an in-depth understanding of FIDIC conditions and their application in managing claims and disputes.

Participants will gain valuable international insights into claims and Alternative Dispute Resolution (ADR) related to the FIDIC Conditions of Contract for Construction (Red Book) and the FIDIC Conditions of Contract for Plant and Design Build (Yellow Book). The course will enhance their ability to navigate the rights and obligations of parties under FIDIC contracts and handle claims efficiently.

Objectives:

After completing this FIDIC Claims Management and Dispute Resolution course, participants will be able to:

• Describe steps in managing claims and disputes under FIDIC Conditions of Contract.
• Identify and address key practical aspects of claims and disputes on FIDIC contracts.
• Discuss recent FIDIC case law and relevant authorities regarding claims and disputes.
• Apply practical insights from experienced FIDIC claim consultants and practitioners.
• Utilize up-to-date knowledge for effective claims and dispute management in their projects.

Training Methodology:

• Expert-led lectures
• Case studies
• Focus groups
• Role-playing
• Problem-solving exercises
• Interactive training
• Expert-led Q&A sessions

Course Outline:

Unit 1: Introduction to FIDIC

• General Outline
• Characteristics of FIDIC Contracts

Unit 2: Managing Variations

• Variations Covered by Clause 13
• The Process of Variances: Initiation and Instruction
• Responsibility of Engineer
• FIDIC Approach: Construction and Plant & Design-Build

Unit 3: The Management of Claims

• Sources and Risks of Claims
• Project Risks and Distribution
• Assignment of Contract Risks

Unit 4: Notices and Claims Procedures

• Mandatory Notices for Contractors
• Employer’s Claims / Engineer’s Claims Sub-Clause 2.5
• Engineer’s Delegation Sub-Clause 3.2

Unit 5: Employer’s Financial Claims

• Procedural Aspects
• Penalties for Timely Performance
• Defects in Contract Works and Designs
• Retention and Guarantees

Unit 6: Responsibilities to Main Bodies

• General Questions
• Shenzhen Construction Corporation (SCC)
• Surrender
• Water Resources Authority (WRA)
• Termination by Employer
• Termination for Contractor
• Risk and Responsibility
• Force Majeure

Unit 7: Settling Conflicts and Disputes

• Definitions and Principles for Dispute Adjudication Boards (DAB)
• Types of Dispute Boards
• Guarantees and Assets Related to DAB
• Selection and Preparation of DAB Members
• Payments and Expenses for DAB