FIDIC Contracts Qatar Oct 2015 (2).Pdf
Total Page:16
File Type:pdf, Size:1020Kb
In Partnership with cornerstone seminars An outstanding two-day FIDIC Contracts Workshop The FIDIC Contracts A Practical Guide to Understanding and Using the FIDIC Conditions of Contract 1999 Cornerstone Seminars is a FIDIC Accredited Training Supplier | Doha, Qatar | 20-21 October 2015 | The two expert workshop leaders Edward Corbett & Prof. Nael Bunni are excellent speakers, highly qualified and experienced in the use of the FIDIC Contracts. Both are authors of publications on the Sponsored by: FIDIC Contract Conditions International Construction Lawyers Ltd www.corbett.co.uk Register: Online at www.cornerstone-seminars.com or email: [email protected] Tel: +44 (0) 20 8614 6214 Fax: +44 (0) 20 8614 6222 About this workshop This special two-day event has been designed to offer a Who should attend? complete up-to-date review of the effective understanding This event will be of great interest to all those actively and use of the FIDIC Contracts currently in use. involved in international projects, including representatives The FIDIC Contracts Module 1 Workshop from Consulting Engineers, Contractors, Funding Agencies, programme has been designed to be highly Employers, Insurers, Manufacturing Organisations practical and includes active participation as well as representatives from the Legal and other in ‘hands-on’ workshops and Construction Professions. discussion sessions. The two workshop leaders are Certificates and documentation highly qualified in their Participants will receive a FIDIC course completion certificate, experience of the FIDIC copies of the FIDIC Red, Yellow & Silver 1999 contracts Contracts and are both authors referred to during the event, plus full documentation. of publications on the Contract Venues and date Conditions. Please check our website www.cornerstone-seminars.com The International Federation of for our current schedule. Cornerstone venue details are Consulting Engineers (FIDIC) has, over the confirmed to delegates following registration. Workshops are years, issued a number of standard held at outstanding venues. documents for use on construction projects. The contracts which are currently in most common use around FIDIC the world are: The Conditions of Contract for Construction Cornerstone (The 1999 Red Book); The Conditions of Contract for Plant and workshops are Design-Build (The 1999 Yellow Book); The Conditions of organized wherever Contract for EPC Turnkey Projects (The 1999 Silver Book). Participants possible in cooperation with are issued with For more information about FIDIC, please go to either a national FIDIC Member www.fidic.org a FIDIC course Association or a local association, to completion allow members of the association to enjoy certificate. certain benefits such as a reduced registration fee. If a reduced fee cornerstone also provide in-house FIDIC seminars which can be is available this will be tailored to your company’s needs. Email: [email protected] indicated when a participant registers. About the speakers Edward Corbett is the managing mediator and a Panellist of the Conciliator. He is currently Visiting was elected a member of the director of Corbett & Co American Arbitration Association. Professor at Trinity College, Dublin International Council for International Construction Lawyers He is the author of ‘FIDIC 4th – University. He is Past President of Commercial Arbitration, ‘ICCA’. He Ltd, a practice specialising in A Practical Legal Guide’. the Chartered Institute & is past Chairman of FIDIC’s international construction law. His He has lectured extensively on Arbitrators Worldwide and of the Standing Committee on experience includes ICC construction law and in particular Association of Consulting Professional Liability and FIDIC’s Engineers of Ireland. At present, he arbitration, litigation and dispute on FIDIC’s standard forms of Task Committee on Construction, is a Special Advisor of FIDIC’s adjudication as well as contract contract. Insurance and Law. At present he Contracts Committee; and a is a member or chairman of a drafting and procurement strategy. He is previous co-chair of the member of various groups of the number of technical committees in He has worked for contractors as International Construction Commission on International Dubai, USA, ireland, Switzerland, well as for employers, funders and Projects committee of the Arbitration of the International Austria and Beijing. consultants. He regularly advises International Bar Association and Chamber of Commerce, Paris and some of Europe’s major is a member of the Working Group its fora including the Forum on He has acted as arbitrator, construction players and his usual of FIDIC which drafted the Short ADR; the Construction Arbitration conciliator/mediator or DAB in fifty jurisdictions, having been caseload involves projects in Form of Contract and the Dredging Working Group and the Governing appointed arbitrator in numerous Contract. Corbett & Co is an Board of the International Council Europe, Africa, South-East Asia, the cases of dispute with values affiliate member of FIDIC. for Commercial Arbitration. Indian Sub-continent and the exceeding £450 million, either as Middle East. He is a Fellow of the Prof. Dr. Nael G. Bunni is a In 1999, Dr Bunni was elected a sole arbitrator or as a member of a Chartered Institute of Arbitrators, Chartered Engineer, Registered Fellow of the Irish Academy of tribunal or as a chairman of an an accredited adjudicator and Chartered Arbitrator and Engineering and in March 2000 he arbitral tribunal. About the sponsor contracts, on dispute avoidance and dispute resolution. Areas of practice include large Corbett & Co projects in the energy, infrastructure, transport, International Construction is recognised as one of the principal law building and civil engineering sectors. The Lawyers work exclusively in the practices dealing with international arbitration practice was founded in 1993 by Edward Corbett. Construction Law sector. and the FIDIC forms of contract. The company You can find more information at works all over the world advising on www.corbett.co.uk phone +44 (0)20 8614 6200 procurement, drafting and negotiating FIDIC email: [email protected] FIDIC Contracts Workshop Programme Day one Day two 0830 Registration & coffee 0900 Start of Day Two 0900 Start of seminar 1 Ending the project 1 Overview of the FIDIC Contracts • Taking over and commissioning • Conditions of Contract for Construction • Defect notification period • Conditions of Contract for Plant and Design-Build • Suspension and termination • Conditions of Contract for EPC Turnkey Projects • The Short Form of Contract and The Dredging Contract 2 Procedure for payment, 2 Which form to use? Variations • Payment and non payment • Allocation of functions, particularly design • Value engineering • Allocation of risks • Variation procedure • Methods of payment • Evaluation • Measurement Refreshments Refreshments 3 Workshop 1 3 Design-Build Contracting • Design responsibility • Choosing the right procurement method • Fitness for purpose 4 The roles of the Employer • The Employer’s requirements and the Engineer 4 Workshop 3 • Employer’s financial arrangements • The FIDIC 1999 Yellow Book • Duties and authority of the Employer and the Engineer • The changed role of the Engineer Networking lunch • Determinations 5 Disputes and their resolution (1) Networking lunch • The Disputes Adjudication Board “DAB” 5 The risk of delay • The Terms of Appointment: A Tri-Partite Contract • The Procedural Rules • The contractor’s obligation • Extensions of time for completion 6 EPC Turnkey Contracting • Acceleration • Features of the Silver Book • Penalties for delay • Risk of the unforeseen 6 Risk, responsibility, liability, insurance • Instructions and variations in the EPC contract • Principles of risk and risk allocation Refreshments • Responsibility 7 Disputes and their resolution (2) • Liability: scope, extent and period • Indemnity and insurance • Amicable settlement • Arbitration under the ICC Rules Refreshments • Key points to successful arbitration 7 Claims for money 8 Workshop 4 • Contractor’s claims: clause 20 procedure • The 1999 Silver Book • Employer’s claims 1730 End of Day Two • Unforeseeable physical conditions • Prolongation and disruption 8 Workshop 2 • The FIDIC 1999 Red Book 1730 End of Day One 1800 Drinks sponsored by: www.corbett.co.uk International Construction Lawyers Ltd Construction Law International comes out 4 times a year Why not join the and is full of updates and articles that anyone involved in discussion on the international construction should know about. Edited by Cornerstone FIDIC Edward Corbett and others. Nael Bunni is on the editorial board. LinkedIn Group? www.constructionlawinternational.com. Booking form FIDIC Contracts Workshop: The FIDIC Contracts Doha, Qatar | 20-21 October 2015 | Please register using one of the following methods: Online: Visit our website www.cornerstone-seminars.com Delegate details (Please use BLOCK CAPITALS) - DETAILS TO APPEAR ON NAME BADGE and follow instructions to register online, it’s easy 1st delegate: By Email: Please email full registration information or Mr/Mrs/Miss/Ms/Dr booking form to: [email protected] (First & Surname) By Fax: Please complete this Booking Form, Job Title and fax it to: + 44 20 8614 6222 By Phone: Just phone Registrations on + 44(0) 20 8614 6214 Company £1100 GBP per delegate. For multiple delegates, the fee for Country the 2nd and subsequent delegates is £990 GBP per delegate. The full