fidic latin america contract users’ conference · pdf filethe fidic 1999 suite of...

Main Conference Days: 12 - 13 September 2017Workshops: 11 September 2017Venue: NM Hotel, Lima, Peru

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

FIDIC Latin America Contract Users’ Conference

FIDIC Presents the Inaugural

Media PartnerOfficial PartnerSupporting Sponsor Sponsor

25+ speakers, including:

Antonio Betti SALINI IMPREGILO

Ulrich Jünemann HOCHTIEF

Siobhan FaheyFIDIC CONTRACTS

COMMITTEE

William Howard FIDIC EXECUTIVE

COMMITTEE

Jaime Gray NPG ABOGADOS

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 - Tuesday 12 September 2017

08:00 Registration & Coffee

08:30 Opening Remarks from the Chair

William Howard, Responsible Executive Committee Member, FIDIC CONTRACTS COMMITTEE

08:45 Opening Speech

Blythe Lucy Muro Cruzado Presidenta Ejecutiva, OSCE (ORGANISMO SUPERVISOR DE LAS CONTRATACIONES DE LE ESTADO), PERU

09:05 Overview of Current Developments in FIDIC Contracts A member of the FIDIC Updates Task Group will give delegates an insight into the latest developments

with FIDIC contract for major works, why these are needed, what are the expected key features and the target timescale for publication.

n Global view by FIDIC Contracts Committee on procurement and contracts implementation n What’s the FIDIC Contracts’ Committee working on at the moment? n FIDIC Contract Committee´s Task Groups in progress n The FIDIC Gold Book and the FIDIC Bronze Book n The New Blue Book n The New Tunnelling ContractIn the pipeline n Questions & answers

Zoltán Záhonyi, Chairman, FIDIC CONTRACTS COMMITTEE

09:35 Salient Features of FIDIC Updates to the Iconic 1999 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 later this year. 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 explain the main changes to the 1999 Rainbow Suite and explain why these were decided by FIDIC to be an improvement to its design-build form of contract. Coverage includes:

n Red, Yellow Book, & Silver Book - Planned updates to the 2017 Editions of the Red & Silver Books

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 update 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

10:40 Morning Coffee

11:00 Using FIDIC Contracts in Latin America Projects FIDIC’s suite of contracts are not yet fully recognised or used in Latin America. This session will

describe how FIDIC contracts are being applied in the region and will identify the main reasons for its slow dissemination in this market place. However, experiences in using FIDIC Red, Pink and Yellow Books as key project administration tools on infrastructure projects in Central and South America will be presented and the major “red flags” that need to be identified and solved for a successful application will be discussed such as procurement, capacity building and corruption.

Jorge Díaz Padilla, CEO Systec Mexico; FIDIC Former President, FIDIC INTEGRITY COMMITTEE

11:30 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?

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-latam-contracts

Main Conference Days: 12 - 13 September 2017Workshop: 11 September 2017

NM Hotel, Lima, Peru


Zoltán Záhonyi

William Howard

Blythe Lucy Muro Cruzado

Siobhan Fahey

Jorge Díaz Padilla


Gain up to 18 CPD hours! • 18 hours (main conference & all workshops)

• 12 hours (main conference) • 6 hours (workshop)

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

Simon Worley, Team Leader and Principal Drafter, FIDIC UPDATES TASK GROUP

12:10 Comparative Advantages of FIDIC in Relation to Other Commonly Used Contracts in the Region The aim of this session is to offer delegates an in-depth understanding of the main clauses of some

of the most important FIDIC forms, in the FIDIC suite of Contracts, and how these compare with major clauses in the most common contracts presently used in Latin America. Our panel of experts will also offer practical advice on how to adopt FIDIC Contracts with a view to optimizing contract administration. Topics covered include:

n Specificities of FIDIC contracts compared to other forms of contract used in LatAm n Comparing and contrasting the FIDIC Suite of Contracts with other forms of Contract

commonly used across the region n Comparison between the role of the Engineer in the administration of a FIDIC contract and its

role in other commonly used forms of contract n Adopting FIDIC Contracts – step by step guide for those new to FIDIC

Jaime Gray, Founding Partner, NPG ABOGADOS

Maria Margarita Zelaya de Nunez, Director, Transport and Vertical Structures (Personal Services Contractor), MILLENNIUM CHALLENGE CORPORATION

Ricardo Izeta Gutiérrez, In-House Counsel, COMISION FEDERAL DE ELECTRICIDAD

13:00 Lunch

14:00 Regional & International Case Studies Review 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.

n Case Study 1: Riachuelo Project [Argentina] n Case Study 2: Roads Project [Honduras] n Case Study 3: Hydro Project [Ecuador]

Marco Bogran, Acting General Director, MILLENNIUM CHALLENGE ACCOUNT HONDURAS

Antonio Betti, Country Manager, Argentinian Branch, SALINI IMPREGILO

Eng. Luciano Cepeda, Former General Manager, COCA SINCLAIR EP

14:50 MDB Harmonized Contract - Recent Developments and Practice in the Region 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 Latin America n The Pink book: Strengths and limits n MDB Procurement reform n Best value in the light of contractual project delivery method n The way forward

Joao N. Veiga Malta, Practice Manager; Governance Global Practice, WORLD BANK

Liz Chirinos, Sectorista Senior, JICA - JAPAN INTERNATIONAL COOPERATION AGENCY

Gabriele M. del Monte, Lead Procurement Specialist, INTER-AMERICAN DEVELOPMENT BANK


Jaime Gray

Joao N. Veiga Malta

Liz Chirinos

Gabriele M. del Monte

Maria Margarita Zelaya de Nunez

Ricardo Izeta Gutiérrez

Marco Bogran

Antonio Betti

Eng. Luciano Cepeda

Simon Worley


“The FIDIC Contract Users’ Conference is an exemplary gathering of practitioners in the con-struction industry from different parts of the world to share experiences and help validate the

contents of FIDIC forms as well as identifying areas for improvement.” S. M. P. Pablo, ADB

Sebastian Hök, Adjudicator, FIDIC PRESIDENT’S LIST

15:35 Afternoon Coffee

15:50 FIDIC Golden Principles - Latest Official Guidance from FIDIC on Safely Modifying Conditions of Contract

This session will offer a first and exclusive insight into new FIDIC guidance on safely modifying FIDIC Conditions of Contract by maintaining the integrity of some of the “core” or golden FIDIC clauses in order to minimize 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’sand Dont’s will be provided in the content of this session.


16:30 Pitfalls to Avoid When Using FIDIC Contracts in Latin America This session will discuss common pitfalls to watch out for when using FIDIC Contract in project in

Latin America. Presenters will illustrate their advice with real project examples of where things have gone wrong and how negative outcomes come have been successfully avoided or minimised by adhering to core FIDIC principles.

Pablo Laorden, Partner, LAMBAL

16:50 The New Suite of Agreements (FIDIC White Book) - All You Need to Know 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


17:30 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


William Howard, Responsible Executive Committee Member, FIDIC CONTRACTS COMMITTEE

Jorge Díaz Padilla, CEO Systec Mexico; FIDIC Former President, FIDIC INTEGRITY COMMITTEE

17:45 Chair’s Closing Remarks & End of First Conference Day

17:50 Drinks Reception


Zoltán Záhonyi

Pablo Laorden

Sebastian Hök

Zoltán Záhonyi

William Howard

Jorge Díaz Padilla

Sebastian Hök





Day 2 - Main Conference - Wednesday 13 September 2017

08:00 Breakfast Briefing - The BIM Revolution and its Impact on FIDIC Contract Management

BIM continues to feature widely as a project requirement, as part of the increasing focus on whole life project performance for effective construction procurement. Where BIM is applied to the project it affects all those with design, construction and facilities management roles: design consultants; cost consultants; specialist designers; contractors undertaking design; main contractors and sub-contractors; suppliers; and FM managers. This needs to be addressed within all of the contracts for project participants who influence or contribute to the BIM model. This Breakfast Briefing will focus on risks and the necessary procedures and contractual arrangements for the management of BIM within construction and professional services agreements.

Christopher Miers, CEO Probyn Miers International Construction ADR, FIDIC PRESIDENTS’ LIST

08:45 Registration & Coffee

08:55 Opening Remarks from the Chair


09:00 Key Issues for Successful Contract Preparation & Implementation Many issues can lead to either a project success or failure. An unsubstantiated brief upstream

decision may lead to severe downstream consequences. Strategic choices at procurement level are consequently key, and the implication of those is not always fully appraised. This session will address how the selection of forms of contract, tender procedures and the preparation of tender documentation should fit the project objectives, budget, Employer’s resources and risk allocation sought. The FIDIC Suite of Contracts provides answers for a wide range of needs. The FIDIC Procurement Procedures Guide assists users and provides users with helpful guidance.

n FIDIC best practice: Using appropriately FIDIC Conditions of Contract n Facing reality vs. burying one’s head in the sand – key drivers at procurement stage, and

reflections in tender documentation & procedure n Key issues for selection of the appropriate procurement method and form of contract – scope

definition, time, cost and quality n Particular Conditions development – key pitfalls to watch out for


Ricardo Izeta Gutiérrez, In-House Counsel, COMISION FEDERAL DE ELECTRICIDAD

09:40 Contract Administration and Dispute Avoidance from an International Contractor’s Perspective

This panel session will assemble seasoned Contractors and in-house contract specialists from large infrastructure and engineering firms operating at the coal face of real world implementation of FIDIC Forms of contract. The panel will be discussing critical areas of contract administration including optimisation opportunities and common pitfalls to avoid, as well as the latest trend in dispute management and avoidance. Speakers will also be providing the Contractor’s perspective on the latest changes and amendments to the FIDIC Rainbow Suite, not least with specific reference to the changes already announced to the Yellow Book [2017 edition]. At the end of the session, each of the speakers will provide a key takeaway or mantra to live by as a Contractor-side user of FIDIC. Not to be missed!

Juan Pedro Portaro, Gerente Corporative Legal, JJC

Claudia Paola Collazos Villanueva, Legal Director, GEOFUNDACIONES S.A.S.

Ulrich Jünemann, Head of the International Construction Team, HOCHTIEF

10:20 Morning Coffee

Zoltán Záhonyi

Ulrich Jünemann

Pablo Laorden

Ricardo Izeta Gutiérrez

Christopher Miers

Juan Pedro Portaro

Claudia Paola Collazos Villanueva



10:45 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 Which projects or circumstances may 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



Eng. Luciano Cepeda, Former General Manager, COCA SINCLAIR EP

11:25 Time Bar Application Under a Civil Law and Common Law Perspective The time bars for both Contractor and Employer claims are essential elements of the FIDIC Conditions

of Contract. Their project management purpose is however not always fully understood by the Parties, and their effect on the Contractor in particular is regularly felt as being excessively harsh. This session will provide practical insights as to the reasons behind the application of time bars, their operation under common and civil laws (including recent legal developments), and ways around them.

Victoria Peckett, Head of Construction, UK, CMS

12:10 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 becomingdisputes? 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

Nelson Gallardo, Managing Director, FTI CONSULTING


12:55 Lunch

13:55 DABs Role Under FIDIC Conditions - Current Practices and The New Rules Along with the ongoing review and update of the FIDIC Yellow Book, Red Book and Silver Book, FIDIC

are reviewing and updating their Dispute Adjudication Rules with a view to reflect current best practice for Dispute Boards. The main changes and improvements introduced will be explained and discussed during this session. These will include, among others, the reformulation of the current 20 clauses of the FIDIC contracts, with a new Clause 21 dedicated to dispute avoidance and resolution.


Christopher Miers, CEO Probyn Miers International Construction ADR, FIDIC PRESIDENTS’ LIST

14:55 Afternoon Coffee

15:15 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

Christopher Miers

Paul Taggart

Siobhan Fahey

Siobhan Fahey

Nelson Gallardo

Victoria Peckett

Simon Worley

Sebastian Hök

Eng. Luciano Cepeda

Clement Harrington





Ideal as a refresher course for experienced FIDIC users or as an introductory session for those just getting acquainted with the main features and potential of the 1999 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.

n Different contract strategies addressed by the FIDIC suiten Detailed analysis of the FIDIC rainbow collection of forms of contract: - Green Book - Red Book [1999] - Yellow Book [1999 ] - Silver Book [1999 Edition]n Risk allocation and business processes for the FIDIC suiten The growing influence of FIDIC’s suite of contracts in establishing world class industry standardsn How FIDIC’s major works contracts are being used worldwiden Comparative advantages of FIDIC in relation to other forms of contractn Emerging FIDIC users’ regions and hot spots

WORKSHOP LEADERS:Siobhan Fahey, Member, FIDIC CONTRACTS COMMITTEE


APC is a private legal entity formed in the form of an Association, which brings together the most important consulting companies and individual consultants, both national and foreign, established in Peru. As a member of the Pan American Federation of Consultants (FEPAC) and FIDIC, it represents the Peruvian consultancy industry including both public and private organizations, both in Peru and abroad. APC advocates and defends a defined and stable consulting policy, guarding the fulfillment of the duties of its associates within the framework of ethics and the highest level of efficiency.

NPG is a legal firm specialized in Construction Law with more than 21 years of experience in the national and international market. Our world-class consultancy is aimed at companies and organizations both private and public and specializes in the areas of engineering and construction, energy, contracting with the State, concessions, public - private partnerships, dispute settlement and arbitration.

Likewise, NPG is a founding member of Construlegal, the alliance of the leading firms in Construction Law in America. In this way, we channel the talent to provide a legal and business consultancy of the highest quality in the local and international scope.

FTI Consulting is a leading global provider of commercial management and dispute resolution services on large, complex projects across all construction and engineering industries. With services including cost estimating and auditing, scheduling and schedule delay analysis, labor productivity analysis, project

monitoring and program management, as well as in-house training and seminars, FTI Consulting brings the expertise needed to control and monitor both time and costs. Our experts bring in-the-field and in-the-courtroom experience to every engagement.

OFFICIAL PARTNER:

MEET OUR SPONSORS

WORKSHOP A: Introduction to the FIDIC Suite of Contracts (1999 Editions)11 September 2017, Full Day (08:30 Registration, 09:00 - 17:30 Workshop)

Siobhan Fahey Pablo Laorden

n A strategic approach to international arbitration

Paul Taggart, Construction Dispute Resolution Consultant & Member, FIDIC PRESIDENTS’ LIST

Clement Harrington, Consultant on Dispute Resolution, HAQUINTECH S.A.

Gustavo Paredes, Founding Partner, NPG ABOGADOS

16:15 Working Groups Session – Identifying & Addressing FIDIC Challenges in Latin America

Led by our expert panel of facilitators, this final session allows delegates to come together in a relaxed roundtable environment to identify and discuss region-specific challenges with reference to the application of particular FIDIC principles and Clauses. This entirely interactive session will allow you to deliberate with your peers on some of the key challenges facing the construction & engineering industry in the Latin American region and then make recommendations to FIDIC Contracts Committee on potential solutions to overcome those challenges.Some of the topics under discussion will include: DABs, Time Bars, Issues for Contractors, and much more besides.


17:15 Final Ask the Experts Q&A Session

17:30 Close of Conference

Gustavo Paredes

Simon Worley

Delegates are responsible for the arrangement and payment of their own travel and accommodation. Informa 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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FKW82733

Conference:12 - 13 September 2017

Workshops:11 September 2017

Venue: NM Hotel, Lima, Av. Pardo y Aliaga 330, San Isidro 15073, Peru

$300 discount

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FIDIC Latin America Contract Users’ ConferenceMain Conference Days: 12 - 13 September 2017Workshop: 11 September 2017NM Hotel, Lima, Peru (FKW82733)

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fidic latin america contract users’ conference · pdf filethe fidic 1999 suite of...

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