fidic africa contract users’ conference · pdf filebe outlined in this session. the...

Main Conference: 11 - 12 October 2017Workshops: 10 & 13 October 2017AVANI Victoria Falls Resort,Livingstone, Zambia

For the latest programme and to register please visit: https://law.knect365.com/fidic-africa-contracts/ call: +44 (0) 20 7017 5503 or email: [email protected]

FIDIC Africa Contract Users’ Conference

FIDIC and KNect365 Law Present the 3rd Annual

Media Partners

Supported By

25+ speakers, including:

Supporting Sponsors Associate Sponsor Workshop Sponsor

Prof. Ninatubu LemaTANZANIA ENGINEERS REGISTRATION BOARD

Dr Sebastian HökFIDIC PRESIDENT’S LIST

George SitaliENGINEERING

INSTITUTE OF ZAMBIA

Linire MulimaMILLENNIUM

CHALLENGE ACCOUNT

Nuruddeen A. Rafindadi AFRI-PROJECTS

CONSORTIUM

The Essential Forum for Engineering & Construction Law Professionals to Successfully Use the FIDIC Suite of Contracts, Manage Major Projects and Resolve Disputes

Day 1 - Main Conference - Wednesday 11 October 2017

08:00 Registration & Coffee

08:15 Opening Ceremony

09:00 Chair’s Opening Remarks

Enrico Vink, Managing Director, FIDIC

09:05 Keynote Speech

Hon. Ronald Chitotela, Minister of Housing and Infrastructure Development, GOVERNMENT OF ZAMBIA

09:30 Salient Features of 2017 to the Iconic Rainbow Suite FIDIC’s Contracts Committee is currently engaged in a number of Important developments which will

be outlined in this session. The FIDIC 1999 Suite of Contracts (Red Book, Yellow Book and Silver Book) are currently being updated by FIDIC for publication. FIDIC concentrated on updating the Yellow Book 1999 first, and has continued this work by adopting harmonised changes for the updates of the Red and Silver Books. Members of the FIDIC Contracts Committee will discuss the main planned updates to the 1999 suite and explain why these changes were decided by FIDIC to be an improvement to its prior editions.

n Red, Yellow Book, & Silver Book - Planned updates to the 2017 Editions n What is the status of all the work that FIDIC is engaged on at the moment? n New or revised provisions relating to design in the Yellow Book and Silver updates n Description of the new/revised project management provisions in the updates n Discussion of the amended claim provisions - Outline of the revised dispute provisions

Siobhan Fahey, Member, FIDIC CONTRACTS COMMITTEE

10:35 Coffee Break

10:55 The Role of the Consulting Engineer in the Context of the FIDIC Contracts What is a Consulting Engineer? To those who are one, it is perhaps obvious. But is it so obvious to

everyone within the industry, let alone in the broader community? What does it take to be a Consulting Engineer? How does one become a Consulting Engineer? Where is the specific qualification for a Consulting Engineer? How many countries actually “recognise” the profession of Consulting Engineer? This session will:

n Define the key roles of the Consulting Engineer n Define the specialist skills and the value that Consulting Engineers

can and do bring to a client, financier or community n Add clarity to why it is imperative to select carefully the best Consulting Engineer,

based on quality n Define the role of the “Engineer” in dispute avoidance and resolution n The Improved Role of the Engineer as Presented in the New FIDIC Rainbow Suite Books

(2017 edition)

Leo Grutters, Member, FIDIC PRESIDENT’S LIST

George Sitali, President, ENGINEERING INSTITUTE OF ZAMBIA (EIZ)

11:40 Regional & International Case Studies Review – Experiences from Users This panel session will assemble experienced FIDIC Contract Users from different regions and industry

sectors to share their experiences in using the FIDIC Contracts as key project administration tools in some of the most challenging environments. Delegates will benefit from listening to case studies on the FIDIC Red and Yellow Book, as well as other books in the FIDIC Rainbow suite, and will also have an opportunity to pose any questions to the panellists. All 2017 case studies will be new to this conference.

Linire Mulima, Legal Director, MILLENNIUM CHALLENGE ACCOUNT - ZAMBIA

REGISTER TODAY: Tel: +44 (0)20 7017 5503 Email: [email protected] For the latest programme or to register, please visit: https://law.knect365.com/fidic-africa-contracts/

Main Conference: 11 - 12 October 2017Workshops: 10 & 13 October 2017

AVANI Victoria Falls Resort,Livingstone, Zambia


Siobhan Fahey

Enrico Vink

Hon. Ronald Chitotela

Leo Grutters

George Sitali

Nuruddean A. Rafindadi

Linire Mulima


Gain up to 24 CPD hours! • 24 hours (main conference & all workshops)

• 12 hours (main conference) • 6 hours (workshop A) • 3 hours each (workshops B & C)

Nuruddeen A. Rafindadi, Partner, AFRI-PROJECTS CONSORTIUM

Larissa Leach, Director and Senior Engineer, GMP CONSULTING ENGINEERS

12:40 Ask the FIDIC Experts Q&A Session Our annual “Ask the FIDIC Experts Q&A” session has become one of our most popular perennials

with contract users from across the region.Put simply, the FIDIC Contract Users’ conference is your conference and this is therefore your opportunity to put your questions directly to acclaimed FIDIC experts and advisers to the Contracts Committee for cutting edge and authoritative advice on any aspect of FIDIC. Our experts will try to address as many of your questions as possible during the two days of the event and these can be submitted to the experts panel in a number of ways. You can:

n Ask for the microphone and put your questions live to our panel on stage n Submit a question through Slido and have this answered in real time n Tweet us your question using the hashtag #FIDICQ&A n Email a complex question in advance to [email protected] so this can be addressed

by our experts at the event having given it careful consideration in the run-up to the event

Sebastian Hök, Adjudicator, FIDIC PRESIDENT’S LIST

Leo Grutters, Member, FIDIC PRESIDENT’S LIST


13:00 Lunch

14:00 Making the Most of the New Suite of Agreements (White Book) This session will take you through the FIDIC’s update of its suite of Agreements, for use in professional

services contracting. The new White Book (update of the 2006 Edition) for Client-Consultant relations, the Sub-consultancy Agreement whenever a White Book Consultant aims at subcontracting part of its Services, and the JV Agreement for Consultants forming a JV or a Consortium to deliver Services to a Client,under a White Book arrangement or other.

n Main features of the new FIDIC White Book vs. the 2006 Edition n The new Sub-Consultancy Agreement, to be used in conjunction with the new White Book n JV Agreement – for Consultants teaming up under a White Book arrangement with the Client n Questions & answers

Enrico Vink, Managing Director, FIDIC

14:45 Using the FIDIC Gold Book Internationally The concept of Design Build and Operate projects is proving very popular for both the construction

of new facilities (The Gold Book) and the upgrading of existing facilities (The new Bronze Book). The speakers will give an overview of both these documents, including:

n Short reminder of the main features of the FIDIC Gold Book (DBO) and FIDIC Bronze Book (ODB) n Current use of the FIDIC Gold Book on water & wastewater projects – lessons learned n Hot topic: Procurement issues under an ODB project n Hot topic: Experiences with straightforward claims´ procedures n Questions & answers

Sebastian Hök, Adjudicator, FIDIC PRESIDENT’S LIST

15:25 Afternoon Refreshments

15:45 Best Practice in Utilising the Red Book in Africa Since it was published in 1957, the FIDIC Red Book has become perhaps the most widely used and

widely respected form of contract for construction projects worldwide, and is FIDIC’s “flagship” form of contract. It is recognised as a fair and balanced basis for a contractual relationship and is used by most of the major international financing institutions. Drawing on a practical case study, this session examines best practice including some key do’s and don’ts when utilizing this form of contract in Africa.

Sam Mambo, Director & Head of the Transportation Unit, GIBB AFRICA


Larissa Leach

Sebastian Hök

Sebastian Hök

Siobhan Fahey

Leo Grutters

Sam Mambo

Enrico Vink


“I came to this conference blank on FIDIC conditions of contract. 4 days later I have so much information, I already feel like a FIDIC expert”

T Musole, NATIONAL COUNCIL FOR CONSTRUCTION

16:15 Looking at the Relationship Between FIDIC and the MDBs This Session will discuss FIDIC’s partnership with the Multilateral development banks and consider

the contractual structuring of and typical provisions contained in contracts for major infrastructure projects, including complex cross-border projects. The major points of discussion will include:

n Overview of FIDIC’s partnership with the MDBs n A comparison of various country procurement systems in Africa n MDB Procurement reform n Best value in the light of contractual project delivery method n The way forward

Kofi Awanyo, Lead Procurement Specialist, WORLD BANK

Vinay Sharma, Director, Procurement and Fiduciary Services Department (ORPF), AFRICAN DEVELOPMENT BANK

Leo Grutters, Adjudicator, FIDIC PRESIDENT’S LIST





Zoltán Záhonyi, Chairman, FIDIC CONTRACTS COMMITTEE

Kim Rosenberg, Counsel, Head of Construction – Africa, FRESHFIELDS BRUCKHAUS DERINGER

Sam Mambo, Director & Head of the Transportation Unit, GIBB AFRICA

17:30 Chair’s Closing Remarks

17:35 Drinks Reception

Day 2 - Main Conference - Thursday 12 October 2017

08:30 Registration & Coffee

09:00 FIDIC EPC/Turnkey Contract - Current Practice in the Region & Beyond The current Silver Book has as many friends as it has enemies. Used for the right project under the

right circumstances the Silver Book has many advantages for those willing to accept its intrinsic risk modalities. The session will inform delegates about:

n What projects / circumstances favour a Silver Book approach n The Silver Book risk allocation n Claims or No Claims using the Silver Book - is it really a “fixed price” contract? n Employer’s pitfalls when using a Silver Book n Contractor’s perspective and case study

Husni Madi, Leader, FIDIC TASK GROUP 15


Sam Mambo

Leo Grutters

Kofi Awanyo

Vinay Sharma

Kim Rosenberg

Husni Madi

“The conference has been a great success. All the speakers at the conference are experts in their fields and provided in-depth knowledge of all issues”

H. Kashoki Manda, MILLENNIUM CHALLENGE ACCOUNT ZAMBIA

Zoltán Záhonyi



09:40 Variations Under FIDIC Forms of Contract An employer may not want to instruct an item of work unless it knows it is not a variation and there is

no cost increase. But, the contractor will often need immediate instructions to proceed. Determining whether the instructed work is a variation can complex and contentious.

n Can an employer stipulate that instructed work is not a variation and no money is due? n Can a contractor refuse to carry out instructions unless agreed as a variation? n Should the parties agree whether each instruction is a variation when the work is carried out? n Can the engineer issue the instruction stipulating that it is not a variation? n Is the engineer personally liable for the cost of variations it instructs without permission? n How do the FIDIC contracts deal with these issues?

Ben Mellors, Partner, HFW

10:25 Coffee Break

10:45 Latest Thinking on Managing Claims under FIDIC This session will discuss ways to try to avoid claims arising in the first place but then, if they do, how

to present and pursue a claim under a FIDIC Contract with particular reference to the following topics:

n Claim and procurement n After Contract award: How to minimise claims and, if the claims are disagreed, how to avoid

contested claims from becoming disputes? n Pursuing claims (if you haven’t managed to avoid them!) n Civil v common law comparison: different approaches to claim quantification n The requirements for notices of claim

Nicholas Gould, Partner, FENWICK ELLIOTT

Jeremy Glover, Partner, FENWICK ELLIOTT

11:30 Using FIDIC In the Context of Publicly Funded Projects & African Infrastructure Investment Programmes

This panel session will assemble experienced FIDIC experts from different regions to share their experiences in using the FIDIC Contracts in the context of publicly funded projects as well as African infrastructure investment programmes. Delegates will benefit from listening to case studies and will also have an opportunity to pose questions to the panellists. All 2017 case studies will be new to this conference.

Giorgiana Tecuci, Partner, SCPA TECUCI PĂLTINEANU

Stephen McCluskey, Engineering Advisor - Delegation to the Republic of Zambia, EUROPEAN UNION





Ben Mellors, Partner, HFW


12:35 Lunch



Ben Mellors

Ben Mellors

Nicholas Gould

Giorgiana Tecuci

Jeremy Glover

Stephen McCluskey

Zoltán Záhonyi


“Eye opener on how much effort FIDIC members are making to avoid project delays and disputes”

Romas Kamanga, ZESCO LTDFIDIC Africa Contract Users’ Conference

13:35 Preparation of Particular Conditions for Projects in Africa in Light of FIDIC’s “Golden Principles”

This session will offer a first and exclusive insight into new FIDIC guidance on safely modifying FIDIC Conditions of Contract in African projects by maintaining the integrity of some of the “core” or golden FIDIC clauses in order to minimise disputes. The presenter will be drawn from the newly formed task Group 15 on Golden Clauses whose remit it is to determine the limits of acceptable modification of Clauses. Case studies on critical Do’s and Dont’s will be provided in the content of this session.


14:20 Risk Allocation Under FIDIC Forms of Contract How the FIDIC contracts allocate risk is one of the most important considerations when deciding or

agreeing the appropriate contract form. What are the different risks involved for the contractor and the employer in the main construction forms? Should contractors ever sign up to a FIDIC Silver Book contract? And how can risk be effectively re-allocated using the particular conditions - what are the practical points to look out for and the pitfalls? This session will examine:

n How is risk allocated across the FIDIC suite of contracts n Allocation of specific risks n Balanced risk sharing principles n Benefits to stakeholders n Imbalanced risk allocation? n Using particular conditions to re-allocate risk

Patrick Batumbya, Member, World Bank’s International Advisory Group on Procurement & Managing Director, MBW CONSULTING


15:00 Coffee Break

15:20 DABs Role Under FIDIC Conditions - Current Practices and The New Rules This session considers the nature of disputes and how they can be managed and resolved under the

provisions of the FIDIC Contracts. The aim is to equip the representatives and advisors of the Parties and the Engineer to make good choices in moving towards a cost effective resolution. Coverage includes:

n The nature of construction disputes (how and when they occur) n The opportunities offered by the FIDIC Amicable Settlement provisions and their effective operation n The role of mediation in resolving construction disputes n A strategic approach to international arbitration

Henry Musonda, Dispute Adjudicator, FIDIC’s President’s list, FORUM FOR INTERNATIONAL CONCILIATION & ARBITRATION (FICA)

16:00 Arbitration & Alternative Dispute Resolution This session considers the nature of disputes and how they can be managed and resolved under the

provisions of the FIDIC Contracts. The aim is to equip the representatives and advisors of the Parties and the Engineer to make good choices in moving towards a cost effective resolution. Coverage includes:

n The nature of construction disputes – how and when they occur n The opportunities offered by the FIDIC Amicable Settlement provisions and their effective operation n The role of mediation in resolving construction disputes n A strategic approach to international arbitration

Victoria Peckett, Partner, CMS

16:50 Final Q&A Session Your opportunity to put your questions directly to acclaimed FIDIC experts and advisers to the

Contracts Committee. Our experts will try to address as many of your questions as possible, these can be submitted during

the conference or in advance to [email protected]

Patrick Batumbya, Member, World Bank’s International Advisory Group on Procurement & Managing Director, MBW CONSULTING


17:20 Chair’s Closing Remarks & End of Main Conference

Henry Musonda

Victoria Peckett

Patrick Batumbya

Patrick Batumbya

Husni Madi

Husni Madi

Zoltán Záhonyi



Ideal as a refresher course for experienced FIDIC users or as an introductory session for those just getting acquainted with the potential of the suite. Attend this workshop to acquire essential knowledge of the main forms of contract comprised in the “rainbow” suite of FIDIC contracts. FIDIC contract experts will take you through the entire rainbow book collection and explain in detail the specificities and purposes of each form. FIDIC experts will invite delegates to participate in practical exercises exploring key concepts embodied in the FIDIC contracts.

• Different contract strategies addressed by the FIDIC suite• Detailed analysis of the FIDIC rainbow collection of forms of

contract:

- Green Book - Red Book - Yellow Book - Silver Book• Risk allocation and business processes for the FIDIC suite• The growing influence of FIDIC’s suite of contracts in

establishing world-class industry standards• How FIDIC’s major works contracts are being used worldwide• Comparative advantages of FIDIC in relation to other forms of

contract• Emerging FIDIC users’ regions and hot spots

This practical and interactive workshop will focus on claims for time and money under FIDIC contracts, and will feature discussions of the following topics:

• Claims for extensions of time• Claims relating to variations and additional payment• Prolongation, disruption and acceleration cost claims• Arbitration considerations and procedure

• Impact of culture on arbitration• Quantifying claims and the use of experts

WORKSHOP LEADER:

Husni Madi, Leader, TASK GROUP 15

This practical and interactive workshop will focus on claims for time and money under FIDIC contracts, and will feature discussions of the following topics:

• Claims for extensions of time• Claims relating to variations and additional payment• Prolongation, disruption and acceleration cost claims• Arbitration considerations and procedure• Impact of culture on arbitration• Quantifying claims and the use of experts

WORKSHOP LEADERS:

Kim Rosenberg, Counsel, Head of Construction – Africa, FRESHFIELDS BRUCKHAUS DERINGER

Samantha Lord Hill, Senior Associate, FRESHFIELDS BRUCKHAUS DERINGER

CMS has more than 4,500 lawyers in 69 offices around the world, including in Asia, Africa and the Middle East, and frequently operates in those countries where we have no permanent base. We are recognised as market leaders and top-ranked by independent directories for our expertise in Construction (International Arbitration, Purchaser and Supplier), PFI/PPP, and Energy and Natural Resources.

HFW is an international law firm with offices in 17 cities around the world, including Dubai, London, Hong Kong, Shanghai, Singapore, Sydney, Perth and Sao Paulo. It has a significant global construction team, advising on procurement and contract negotiation, providing a “project counsel” role during the construction phrase, as well developing claims and acting on disputes. The team works on a wide variety of projects including energy, oil & gas, transport and large civil engineering projects. The partners in the HFW team wrote the key book on construction project changes, Construction Contract Variations. www.hfw.com/Construction

Fenwick Elliott is the largest specialist construction and energy law firm in the UK working with clients from around the world in the building, engineering and energy sectors with considerable experience in oil, gas and power. Fenwick Elliott provides a comprehensive range of legal services on every aspect of the construction process.Our expertise includes procurement strategy; contract documentation and negotiation; risk management and dispute avoidance; project support; and decisive dispute resolution, including international arbitration, mediation and adjudication. www.fenwickelliott.com

Freshfields is a global law firm with a long-standing track record of successfully supporting the world’s leading national and multinational corporations on business-critical mandates. With 28 offices globally, including in Vietnam, Singapore, Hong Kong, Beijing, Shanghai and Tokyo, our local and multi-national expertise means our clients rely on us when it matters most. Construction is no exception, where our lawyers are at the forefront of the market advising on all aspects the major projects lifecycle.

Meet Our Sponsors

Supported By:

WORKSHOP A: Introduction to the FIDIC Rainbow Suite of Contracts10th October 2017, Full Day (09:00 - 16:00 - Registration & Coffee from 08:30)

WORKSHOP B: Dealing with Modified Contracts Under the New FIDIC Guidance13th October 2017, Half Day (09:00 - 12:30 - Registration & Coffee from 08:30)

WORKSHOP C: Construction Disputes - Claims & Dispute Resolution13th October 2017, Half Day (14:00 - 17:30 - Registration & Coffee from 13:30)

WORKSHOP LEADER:


ACEZ was established in 1966 and represents, for its members, a body that promotes their joint interests and quality assurance for clients. The ACEZ is a vibrant and mature professional organisation and its members possess necessary experience and qualifications to practice consulting engineering. The ACEZ offers services as a competent and trusted adviser to the general public on engineering matters and on design and supervision of engineering construction works of varying complexities. Contact acez.co.zm

Siobhan Fahey

Kim Rosenberg

Samantha Lord Hill



Husni Madi

Delegates are responsible for the arrangement and payment of their own travel and accommodation. KNect365 has negotiated a special room rate at the hotel, to take advantage please visit the Plan Your Visit page on the conference website.

WHEN AND WHERE

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FKW82735

Conference:11th & 12th October 2017

Workshops:10th & 13th October 2017

Venue: AVANI VICTORIA FALLS RESORT Mosi-oa-Tunya Road, Livingstone, Zambia T +260 978 777044

$300 discount

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$300 saving for 3rd and subsequent delegates. The VAT rate is subject to change and may differ from the advertised rate. The amount you are charged will be determined when your invoice is raised. Please note the conference fee does not include accommodation or travel costs. All discounts can only be claimed at the time of registration and multi-booking discounts cannot be combined with other discounts that may be available (apart from early booking discounts which are available to everyone). The $300 saving for 3rd delegates is not available for people only attending a half-day workshop. All discounts are subject to approval. We are happy to accept a replacement delegate for the whole event; however delegate passes cannot be split or shared between delegates under any circumstances.

TERMS AND CONDITIONS Attendance at this Event is subject tothe KNect365 Law Delegate Terms and Conditions at https://law.knect365.com/fidic-asia-pacific-contracts/terms-and-conditions. Your attention is drawn in particular to clauses 6, 8 and 14 of the KNect365 Law Delegate Terms and Conditions which have been set out below:Cancellation Policy: Cancellations received in writing more than 2weeks before the event will be subject to a service charge of £99.The full conference fees remain payable if cancellations are received less than 2 weeks prior to the event. Substitutions are welcome at any time. It may be necessary for reasons beyond the control of the organiser to alter the content and timing of the programme or the identity of the speakers. In the unfortunate event that an event is cancelled Informa are not liable for any costs incurred by delegates in connection with their attendance. This contract is subject to English Law. Changes to the Conference: KNect365 Law may (at its sole discretion) change the format, speakers, participants, content, venue location and programme or any other aspect of the Event at any time and for any reason, whether or not due to a Force Majeure Event, in each case without liability. Data protection: The personal information

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FIDIC Africa Contract Users’ ConferenceMain Conference: 11 - 12 October 2017Workshops: 10 & 13 October 2017AVANI Victoria Falls Resort, Livingstone, Zambia (FKW82735)

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q By Bank Transfer: Full details of bank transfer options will be given with your invoice on registration.q By Credit Card: To ensure we provide the highest level of security for your credit card details we are unable to accept such payments via email or fax, which ensures that these details are never stored on our network. To make payment by credit card on-line, please enter your credit card details in our secure payments website that you will use when making your booking via the event website (the event web address is near the top of the booking form). Alternatively call our customer service team on +44 (0) 20 7017 5503.

Book by 28 July 2017

Book by 15 Sep 2017 Standard Price

Full Event (2-day main conference + full-day workshop + both half-day workshops)

$2796 (save $500)

$2896 (save $400)

$2996 (save $300)

3.5 Day Package (2-day main conference + full-day workshop + 1 half-day workshop) (specify 1 workshop below)

$2447 (save $400)

$2547 (save $300)

$2647 (save $200)

3 Day Package 1 (2-day main conference + both half-day workshops)

$2097 (save $400

$2197 (save $300)

$2297 (save $200)

3-Day Package 2 (2-day main conference + full-day workshop)

$2098 (save $300)

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2.5 Day Package (2-day main conference + 1 half-day workshop) (specify 1 workshop below)

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$1948 (save $100)

2-day Main Conference Only: $1399 (save $200)

$1499 (save $100) $1599

1-day “Intro to FIDIC Contracts” Workshop Only: $799 $799 $799

Half-day Workshops Only: (specify workshop(s) below) $449 each $449 each $449 each

Specify your workshop(s):

Workshop A, 10 October, full-day: Introduction to the FIDIC Suite of Contracts Workshop B, 13 October, half-day, morning: Dealing with Modified Contracts

Workshop C, 13 October, half-day, afternoon: Construction Disputes - Claims & Dispute Resolution

Email:[email protected]

fidic africa contract users’ conference · pdf filebe outlined in this session. the...

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