Avoidance and Management of Claims and Disputes under FIDIC Contracts (Construction, Plant & Design-Build, EPC and MDB)

Workshop Overview

Claims are an integral part of construction business. By the very nature, construction is a risky business and with the involvement of different stakeholders with conflicting interests, it is only natural to have claims and disputes in this industry. The positive fact about construction claim is that the Contract itself provides remedies for dealing with the claim arising from the contract.

In other words, it is only in rare instance one need to invoke the principles of law to secure the entitlements. Despite that simplicity, claims seem to be a nightmare to contractors and even to the Owners. An unresolved claim will manifest into a dispute and resolving a dispute is an expensive process. Have you ever thought why a claim, which appears to be genuine but fails

in an adjudication process? Standard forms of contract like FIDIC provide detailed requirements to avoid and if not to efficiently manage the claims right from serving notice to collection of evidence through contemporary records. FIDIC prescribes step-by-step procedure to handle the dispute through a multi-tier mechanism.

Preparation, presentation (and even defending) of claims require sound subject knowledge (both technical and contractual), persuasive skills in writing and pleading and also an analytical mind to connect the dots and establish the causation link.

In this Master class, an experienced trainer will walk you through the entire claim process and offer practical tips to avoid disputes in construction contracts. The trainer with his dual qualifications in engineering and law coupled with three decades of hands on experience in some of the mega and iconic projects in the region will provide live examples to enrich your knowledge.

Key benefits of attending this workshop

  • KNOW how FIDIC fits together and the inter-relation of the Clauses and Sub-Clauses
  • UNDERSTAND the rights and obligations, as Employer, Contractor or Engineer under these contracts
  • MASTER the understanding of FIDIC dispute management and the tools required to properly
  • bring, defend and avoid disputes
  • DISCOVER the tools and guidelines required to recognize when you have a claim, how to bring it, and how to manage it
  • GAIN improved ability to evaluate, agree and resolve claims
  • OBTAIN an understanding of payments, guarantees and retention money under the FIDIC contracts

Who Should Attend?

This course will be of interest to those of all levels involved in construction and engineering projects, including:

  • Lenders
  • Owners and their Representatives
  • Contractors
  • Sub-Contractors
  • Suppliers
  • Consultants
  • Insurers
  • Lawyers
  • Engineers
  • Architect Consultants
  • Quantity Surveyors
  • Construction Managers
  • Contract Managers
  • Project Managers
  • Commercial Directors
  • Project Funding Agencies
  • Government Ministries, Department and Agencies

This course is relevant to the following industries:

  • Construction & Infrastructure
  • Power & Energy
  • Oil & Gas
  • Airports & Railways
  • Government Structures
  • Transportation
  • Petrochemicals
  • Process
  • Heavy Industrial
  • Mining Projects
  • Nuclear
  • Retail & Commercial

Why you should Attend?

In the current economic climate, the last thing one needs on a project is an increase in spending. It affects everybody from the Lender through the Employer and Contractor to the Sub-Contractors and Suppliers. To this end, this course looks to provide a guide to preventing the main ingredients of additional cost and time on projects or at least managing them within tolerable levels.

The course is provided to elevate the ethos of dispute avoidance and the art of working within a ‘Team’, which will not only provide a working insight into FIDIC Forms of Contract, but also touching on other standard forms and bespoke construction contracts.