The International Federation of Consulting Engineers (FIDIC) has, over the years, issued a number of standard documents for use on construction projects. The contracts which are currently in most common use around the world are:
The Conditions of Contract for Construction (The 1999 Red Book); The Conditions of Contract for Plant and Design-Build (The 1999 Yellow Book); The Conditions of Contract for EPC Turnkey Projects (The 1999 Silver Book).
FIDIC Contracts have become the standard form of contract most commonly used in construction worldwide. FIDIC models represent a safe vehicle for the realization of international investment, especially in EPC projects and contracted projects under the concept of design and construction.
Some of the most important international projects have been used or use this type of contracts. Most of the projects funded by the European Union also uses this model of contract.
Course Purpose
The purpose of this course is to get familiar with Red and Yellow Books especially with their key operational, legal, commercial and claim dispositions.
Based on concrete examples, this course will allow the participants to have a practical aproach of such complex contracts.
This course is recommended for profesionals involved in the tendering, contracting, procurement, and implementation of international construction projects, taking in account the contract’s obligations have a relevant influence in all departments.
Although the exhibition is based on FIDIC contracts, the concepts and approaches presented are similar to those found in any international agreement. Therefore this course is an important management tool for professionals working in intrenational Construction Contracts.
The course will be developed in ENGLISH, in order to familiarize the delegate with the required language in such contracts.
Who should attend?
This event will be of great interest to all those actively involved in international turnkey projects based on FIDIC contracts (Red and Yellow Books), including representatives from Consulting Engineers, Contractors, Funding Agencies, Employers, Insurers, Manufacturing Organisations as well as representatives from the Legal and other Construction Professions.
Duration
50 hours
Course Director
Guillaume BERNARD
Contract & Claim Manager
Guillaume has got his Degree in LAW at University Lyon III – Lyon (France) and has conducted several Masters and Courses of specialization in commercial law relating to contracts, corporate contracts, Management etc. .
Guillaume has been working as a Contract / Claim Manager for several years in the Energy sector and, especially, as part of turnkey projects relating to the construction of high / medium voltage substations as well as solar power stations. He has a legal backround, a strong contractual culture (civil and common law) and an operational experience in claim Management on a Worldwide basis.
In particular, he has been providing famous engineering companies such as Siemens T&D and Schneider Electrich whith his expertise through EPC contracts concluded with customers and suppliers located in Europe, in Africa, in South-East Asia, in India, in the Middle East and in America.
Publications:
Co-author: “Contract and Commercial Management – The Operational Guide” (2011) – The International Association for Contract and Commercial Management (“IACCM”)
Co-author: “The Guide to Industrial Subcontracting” (2011) – The Association of industrial Supplier dedicated to Energy, Building and Substructure sectors (“GIMELEC”)
Course Programme
1 Overview of FIDIC Contracts
• Conditions of Contract for Construction (Red Book)
• Conditions of Contract for Plant and Design-Build (Yellow Book)
2 Operational approach
• The key roles and obligations of the Employer, the Engineer and the Contractor
• The key dispositions dealing with the execution of the contract
3 Claim Management approach
• The key clauses which entitle to issue a Claim Request (damages and extensión of time)
• The key clauses which entitle to issue a Variation or an Adjustment Request
• The contractual procedure the Employer and the Contractor have to comply with
• Disputes and arbitration
4 Legal approach
• Delay damages
• Suspension and termination
• Risk, responsibility and insurance
• Force majeure, assignment and subcontracting
5 Financial approach
• The contract price and Schedule of payment
• Payment
• The financial mechanism
At the end of the course, 2 Case Studies will be presented to delegates. Such activities will promote the discussion and exchange of ideas among participants. In this way the student will be able to consolidate the concepts presented throughout the course
Certificates
Participants will receive a WATERXPERT’s course completion certificate.
