Training Programme (no exam/no certification)

Curriculum

Construction Contract Administration FIDIC 2017

THE NEW FIDIC 2017 CONTRACTS

A Comprehensive, Independent Critique & Contractual/Legal Analysis (Red/Yellow Books)

Take The Lead In Gaining Specialised Knowledge & Expertise of FIDIC’s New Contracts Which Will Dominate The Construction Industry & Replace FIDIC 1999

The CCA FIDIC 2017 Is The World’s First  Objective & Independent LMS Based Programme For FIDIC 2017

construction claims courses

Key Topics Include:

  • FIDIC 2017: All critical issues you need to be aware of
  • Pros & Cons: An objective critique of the radical changes and new clauses
  • The “New Engineer”: Review of the Engineer’s significantly amended role/powers
  • The Employer: New risks and liabilities that developers/investors need to be cognisant of
  • The Contractor: Additional/Extensive contract administration & project management responsibilities

Key Topics Include (Continued):

  • Reciprocity Between The Parties: New obligations/rights to promote collaboration
  • Amended Variation Provisions: A detailed look at key changes
  • New Time Bars: The new 28 day time bar may not be contractually effective – A legal analysis
  • New Claims Clauses/Procedures: A dissection of the enhanced claims provisions
  • Extensive Change To DAB Rules: DAAB (Dispute Avoidance/Adjudication Board) & Dispute Resolution
  • ….and Many More Topics including Termination, Risks/Insurance, Concurrent delays et al.
construction claims courses
construction claims courses

On Completion, students will:

  • Gain a clear understanding of the variances between FIDIC 2017 & FIDIC 1999
  • Be able to identify the key duties and obligations of the Contractor, Engineer & Employer
  • Understand key contract administration & project management duties of all parties

FIDIC 2017 v FIDIC 1999: An In-Depth Analysis Of The Substantial & Key Variances From FIDIC 1999

  • Amendments to FIDIC’s core structure/New definitions
  • Introduction of new & mandatory contract administration procedures
  • Additional obligations for both Parties (including advance warning notices)
  • Substantially enhanced/increased contractual/administrative procedures
  • Complex “deeming provisions” – 58 clauses contain deeming provisions v FIDIC 1999 (26 Clauses)
  • Reciprocity of rights and obligations – new uncapped liabilities
  • Key amendments to claims provisions, dispute resolution et al.
construction claims courses
construction claims courses

The FIDIC 2017 Engineer has several additional duties, functions and is obliged to administer the Contract in a manner, which is substantially different from FIDIC 1999

  1. The changes include (but are not limited to):

    • Deletion of contractual procedures from FIDIC 1999 and addition of new ones
    • Additional project management functions – newly prescribed time limits for various functions
    • Paradigm shift as far as the “decision-making process” is concerned
    • Critical amendments to contract administration duties

    The Engineer’s revised role is analysed in detail and advice given on what to do and what not to do

The Contractor: Massive/New Risks & Opportunities

  • Additional triggers for termination / New options for the Employer to terminate (Incl. Immediate Termination)
  • Contractor’s indemnity requirements increased – FFP (Fit For Purpose) requirements changed
  • Limits to raising questions about the Employer’s financial arrangements
  • Claims: Enhanced and highly complex claims procedure – Additional requirements for Programme
  • Loss of profit claims
  • Crucial changes to insurance risks

It is critical for contractors to gain a clear understanding of the various complexities associated with new obligations and rights arising from FIDIC 2017. 

construction claims courses
construction claims courses

The Employer: Introduction Of New Obligations, Liabilities And MAJOR RISKS

In FIDIC 2017, the Employer is obliged to take on a more “hands-on” role and be pro-actively involved in major contract administration, claims and project management issues.

  • Employer’s Claims: The Employer must adhere to a strict procedure – Employer’s claims can be time barred
  • Major issues arising from “Termination for Convenience”
  • Critical amendments to “Fit for Purpose” obligations (Contractor designed works) – changed from FIDIC 1999.
  • Contractor’s Claims: Significant new risks
  • Contractor’s risks reduced for hidden defects
  • List of risks expanded – e. g. Contractor has more options to terminate the contract or suspend works

Variations: Extensive Changes To Key Provisions

Introduction of the “Cardinal change” doctrine but is it contractually effective?

  • New possibilities for the Employer to omit works and have it executed by other contractors
  • Claims: Significant changes to EOT procedures for instructed variations
  • Additional possibilities for the Contractor to refuse variations
  • Contractor has options to submit “Loss of Profit” claims
construction claims courses

Claims Clauses/Procedures: New Complex, Prescriptive Claims Provisions

A FIDIC 2017 compliant sample Notice template will be provided to all students

  • “Claims” are now separate from “Dispute Resolution” and complicated procedural rules have been added
  • Enhanced claims mechanism with multiple time bars and notification requirements
  • Claims have to be “Fully Detailed” with additional condition precedent prerequisites
  • Specified remeasured variance from estimated BoQ quantities would entitle the Contractor to an EOT/Payment
  • New definition of “Notice” will cause additional problems for contractors
  • The new 28 day time bar may not be contractually effective – A legal analysis
  • A NEW third category of claim has been introduced which will result in complex contractual/legal scenarios
  • Key time bars may be waived

DAAB (Dispute Avoidance/Adjudication Board) & Dispute Resolution

 

  • New Clause that deals specifically with dispute avoidance and resolution
  • Enhanced mechanism for appointing DAABs.
  • DAAB’s “informal assistance” to parties
  • Unwaivable time bars introduced which are extremely risky for employers and contractors alike
  • An analysis of the how to crystallise a dispute under FIDIC 2017
  • Enforcement of DAAB’s decisions augmented via new contractual clauses
  • Arbitration rules amended
construction claims courses
construction claims courses

FIDIC 2017: Amended Provisions - Changes To Other Issues Which Will be Addressed

  • Concurrent delays
  • Payment
  • Exceptional events
  • Site Access – New Risks
  • Design issues
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