Training Certificate

Prolific Consultants FZE Certificate of Course Completion will be issued to all attendees.

Course Introduction

This Claim and Disputes under FIDIC Contracts training course is handling the critical subject of claims and disputes causing, Extension of Time (EOT), delays, cost overruns and harm to business relation between contract parties. It will emphasizes the increasing importance of understanding how to avoid claims and disputes during the implementation of contracts in general, and for the case of FIDIC contract conditions in particular.

This training course will guide the participant, with practical case studies, on how to deal with claims and disputes from contracting drafting, agreement and during its execution.

This Claim and Disputes under FIDIC Contracts training course will highlight:

• FIDIC contract concepts and the selection of the appropriate type
• Main FIDIC clauses that could be source of contractual claims
• Main techniques used to disputes resolution such as negotiation, mediation, adjudication and arbitration
• Main FIDIC clauses related to EOT Claims and other Claims as well claims for duty in tort under civil law
• Disputes Avoidance and Adjudication Boards (DAAB) and Arbitration (Local and International).

Course Objective

By the end of the course, participants will be able to:

• Understand and select the appropriate form of FIDIC Contracts
• Avoid or reduce the reasons causes for potential claims and disputes
• Manage changes and claims in FIDIC contracts
• Understand the impact using on clause for the Employer and Contractor claims
• Learn how FIDIC applies determination, disputes boards and arbitration to resolve disputes
• Understand the issues facing the application of FIDIC conditions under the Governing Law in the Middle East
• Understand the difference between local arbitration laws in the ME and international arbitration.

Suitable For

This course is intended for individuals engaged in planning, formulation, and execution of contracts in EPC, Oil and Gas, industrial construction, government contracts including but not limited to:

• Project Managers and project team members
• Project commercial managers, cost mangers, and project control
• Purchasing and supply chain mangers and staff members
• Contract department directors, managers and teams
• Senior and middle managers.

Training Methodology

A highly interactive combination of lectures and discussion sessions will be managed to maximize the amount and quality of information and knowledge transfer. The sessions will start by raising the most relevant questions, and motivate everybody find the right answers. You will also be encouraged to raise your own questions and to share in the development of the right answers using your own analysis and experiences.  Tests of multiple-choice type will be made available on daily basis to examine the effectiveness of delivering the course.

Very useful Course Materials will be given.

Course Content

Day One

FIDIC Contracts and its Claims Procedures

• What are claims and disputes? why avoid them?
• Introduction of FIDIC forms of contracts
• Claim types and classification
• Agreement or determination by the engineer
• Employer and contractor claims procedures
• Sample claims faced in projects

Day Two

Change Clauses in FIDIC and Extension of Time

• Change clauses in FIDIC forms contracts
• The Society of Construction Law (SCL) protocol for delays and disruption
• Prospective delay analysis techniques
• Retrospective (Forensic) delay analysis techniques
• How to select the appropriate analysis method?
• Calculating prolongation costs, disruption costs and other costs

Day Three

Preparing and Presenting a Claim

• Type of notices and its importance
• Understanding the impact of the governing law on claim management
• The essential elements of a successful claim
• Claim substantiation and additional documents
• User-friendlily and logical claim writing
• Discussing the participants comments on the presented case

Day Four

Negotiation, Mediation and Disputes Avoidance and Adjudication Board (DAAB)

• What is negotiation? Why negotiate?
• The negotiation process, strategies and tactics
• What is mediation? What are the advantages?
• The mediation process and the mediator role
• Disputes Avoidance and Adjudication Board (DAAB) in FIDIC
• Negotiating and drafting the DAAB agreement

Day Five

Local and International Arbitration

• What is arbitration?
• Arbitration clause in FIDIC contract conditions
• Typical arbitration procedure
• The New York convention and the investment treaty 
• UNCETRAL model law and international arbitration
• Local arbitration and its enforcement in the Middle East
• Famous international arbitration decisions

Case Studies, Last Day Review, Discussions & Pre & Post Assessments will be carried out.