a 2 day workshop on the fidic contract...

MAKING THE BEST POSSIBLE OUTCOMES A REALITY, EVERY TIME

IF YOU WOULD LIKE FURTHER DETAILS OF THE PUBLIC, IN-HOUSE OR BESPOKE TRAINING AND DEVELOPMENT PROGRAMMES OFFERED BY HKA PLEASE CONTACT MS JUNE CONOLLY AN BY

EMAIL AT [email protected]

INTRODUCTION

Each project that is conducted under the FIDIC Contract gives rise to new issues and applications as the work has been completed under the new contracts. This workshop, now conducted annually, will serve both as a refresher and update for those who attended the course in the last few years, and as new exposure for those who did not.

Those who have attended in previous seminars have found it interesting, valuable, interactive & of an excellent standard.

The content of the workshop will be based on recent developments in the industry and in the development of contracts in general and the FIDIC contracts in particular;

An in-depth analysis of the contracts and their practical implications;

Practical, case study based: The course is based on recent experiences with the old and new FIDIC contracts.

Presented by presenters of the highest standing, who have had on going experience with the FIDIC contracts.

WORKSHOP CONTENT

This workshop will trace the contractual process from pre-tender stage to taking over, where the FIDIC contracts are used.

We will not only consider the FIDIC general conditions of contract but will also discuss pre-award issues.

Delegates will therefore gain an in-depth understanding of the entire process of contracting under FIDIC, from the initiation of the project to its completion and taking over.

Checklists of documents required, time charts and other tools of contracting will be provided for the various stages discussed.

A 2 Day Workshop on the FIDIC Contract Documents Includes copy of a FIDIC Red or Yellow Book

VALIDATED FOR 2 CPD POINTS CESA-506-04/2017

LEARNING OBJECTIVES

This 2-day workshop provides comprehensive insight into the contracts in the FIDIC family. Delegates gain insight into their rights and duties under these contracts, as well as an understanding of how these rights and duties operate in practice. The two day workshop provides greater breadth and depth of understanding with more tools for practical application than the one day workshops.

The general objectives of this workshop are to give delegates:

» An understanding of what the FIDIC contracts are and how they fit in the Southern African contracting environment;

» An overview of all the contracts in the FIDIC family;

» An understanding of the structure, overall approach to risk and language used in the FIDIC contracts.


SOME OF THE ISSUES TO BE COVERED INCLUDE:

1. Pre-award issues including

» Choosing the correct FIDIC contract for the project: type of project, design responsibility, basis of payment

» Pre-qualification of tenderers under the FIDIC contracts

» Preparing the tender documentation including instructions to tenderers

» Effective management of the tendering process

» Information required by tenderers under the different FIDIC contracts

2. After award and before work commences

» Risk and liability under the FIDIC contracts

» Insurance issues

» Guarantees and security

» Design issues

3. During progress of works

» Extensions of time

» Claims for variations

» Value engineering

4. Taking over and completion

» Defects liability

» Procedures for taking over of the works under FIDIC contracts

» Dispute resolution

4. The role of the engineer under the various FIDIC contracts including:

» Engineer’s liability for design

» Engineer’s liability for workmanship

» Supervision and certification by the engineer.

HKA TRAINING MATERIAL IS REGULARLY UPDATED AND REVISED.



ONCE YOU HAVE COMPLETED THIS WORKSHOP YOU SHOULD HAVE GREATER PRACTICAL UNDERSTANDING OF:

» Clauses which raise difficulties in practice;

» Clauses where the drafting could create uncertainty;

» Clauses which require particular attention if disputes are to be avoided.

» An understanding of their rights and obligations under the FIDIC contracts, and the consequences of not fulfilling or upholding these;

» Insight into how claims are brought, managed and defended under the FIDIC contracts;

» The ability to identify clauses which may raise problems in practice;

» An understanding of how to avoid these problems through sound contracting practices;

» An awareness of some ambiguities or uncertainty in the FIDIC contracts; and

» The tools to overcome some of these uncertainties.

IN PARTICULAR, YOU SHOULD HAVE:

» A greater ability to evaluate the risk allocation of your (FIDIC) contract;

» An understanding of your rights and obligations, as employer, contractor or Engineer under these contracts;

» Tools required to recognize when you have a claim and how to bring it;

» Tools required to defend a claim;

» Improved ability to evaluate, agree and resolve claims;

» An understanding of the stages of completion and tests which take place at each stage;

» An understanding of guarantees and retention money under the FIDIC contracts;

» Knowledge of how FIDIC deals with termination and suspension and an understanding of the risks which termination and suspension bring;

» An understanding of the dispute resolution and the tools required to properly bring, defend and avoid disputes.





FEEDBACK

» Head of Construction Litigation department at Bowman Gilfillan comments: “I rate the BCA courses above all others in SA”

» “Excellent presentation – the presenter is knowledgeable, experienced and can take control of the group discussions.” PMK - Ministry of Economic Planning & Development Feb 2015

» “Overall excellent presentation” NM Bombela Concession July 2014

» “Improved insight into the content of the FIDIC contract & it’s application” LR Feb 2014

» “The facilitator was fantastic and had a wealth of knowledge and experience with many practical examples of various DAB, Arbitrations & court cases with regards to FIDIC contracts & general law.” - June 2013.

» “Well presented course with excellent notes and knowledgeable presenter” SP UWP Consulting Oct 2014

» “Very well presented. Good level of interaction, & useful discussions around case studies” – ML NACO – Oct 2014

FIDIC CONTRACT DOCUMENT & COURSE NOTESA comprehensive set of Workshop notes will be issued at the Workshop:

» Example forms of documents which may be relied on in future;

» Time charts;

» Tables showing key time periods, clauses and differences for the various contracts;

» All case studies and practical exercises

» Clauses relied on in the notes

» Detailed notes for future reference


MEET OUR PRESENTERS

ADV TOM MCDONALDTom was born in 1957; after schooling in Worcester, he studied at the University of Stellenbosch to gain a B.Eng in Civil Engineering in 1981. After further study at the University of South Africa he was awarded a B.Proc in 1987. Thereafter Tom obtained a National Certificate in Property Development & Management in 1992, and a Higher Diploma in arbitration in 1999. Today he is a registered Professional Engineer and has been admitted as an Attorney, Notary and

Conveyancer.

And what of Tom’s experience – now it really gets interesting! Tom began his engineering career literally getting mud on his boots – as Site Engineer on construction of a large water purification plant. He then moved into the design office, becoming engaged on pump stations, filtration plants and pipelines. Design included contract documentation (the beginning of the legal itch!) adjudication of tenders and contract administration.

The itch became more powerful and after a few years Tom joined a firm of attorneys as an articled clerk, and then became a legal advisor at the Building Industries Federation of SA. (BIFSA). He was involved in drafting of agreements for building works, guarantees, rentals and services, while presenting law courses to contractors, engineers, architects, quantity surveyors and developers.


