Prof. at the Faculty of Engineering – Ain Shams University
Member of FIDIC Contracts Committee 1991-1994
Member of FIDIC Board of Directors 1994-1998
PMI EDUCATION Provider

THE WORKSHOP:

The International Federation of Consulting Engineers “FIDIC” represents globally the consulting engineering industry. It promotes the business interest of firms supplying technology-based intellectual services for the built and natural environment. Large governmental bodies and other organisations are considering the adoption of FIDIC's complete suite of standard contract conditions in many parts of the world. Such bodies include, for example, national power companies responsible for all aspects of power production and distribution within their country. The construction contracts they award cover the whole range from the procurement internationally of all types and sizes. They cover projects designed and supervised by the Employer or his Engineer to turnkey or BOT type projects with minimum Employer input.

FIDIC has published many reference books. Participants attending this course will learn everything from what is a contract to contract management. The risk management, claims management, dispute resolutions, arbitrations etc is also covered in detail.

At the end of the workshop Participants would be able to develop and manage Claims and Disputes and prepare for Arbitration Participants in an international level contract. Many case studies of successful as well as unsuccessful contracts would be included in the course.

This would be an interactive workshop so many practical exercises, subject based group discussion etc would be a part of this workshop.

At the end of the workshop students would get a set of reference manuals which would cover all the study areas in detail.

For successful completion of this workshop each participant must attend all sessions, complete the assignments, exercises and actively participate in the activities and discussions, etc.

PRE-REQUISITES:

Some working knowledge of basic Construction terminologies and processes is required, although this will be covered at the beginning of the course. Real-life experience with such equipment and hands-on operations will enable the workshop to be placed in context. No special knowledge or skills are required - only a technical background so that there is a better understanding of issues related to contracts, tenders etc.

WHO SHOULD ATTEND?

This course is intended for personnel directly involved in construction or those who have
responsible roles in the international contracts development and management. These
should comprise:

• Authorities in government bodies
• Engineers & Project managers
• Planners & Financial managers
• Lawyers
• Contractors
• Procurement personnel & Stakeholders

This would be 3 days 4 hours each workshop style training exclusively designed to meet
the requirements of the participants.

CONTENT SUMMARY

DAY 1

REGISTRATION
 
INTRODUCTION

• Construction Laws
• Introduction to the basic terms
• Contracts & Contract Agreement
• Types of Contracts
• Local & International Contracts
• Tenders & Tender Evaluation
• Requirements of a power generation project
• Remeasured Projects
• Turnkey Projects
• BOT Projects
• Contract management
• Claims, Disputes & Arbitration
• Financing Institutions
• FIDIC before & after 1995
• World Bank & MDBs

DAY 2

• Claims that may arise due to FIDIC Conditions of Contract
• Disputes and FIDIC contract conditions
• Types of interim awards and their uses/mediation
• Dispute resolution procedures
• Management of claims & Claims procedures
• Allocation of contractual risks
• The resolution of disputes
• Principles governing the Dispute Adjudication Board,
• Alternative procedures
• Enforcement
• Amicable settlement
• Arbitration and Arbitration Law 27/1994
• Jurisdictional challenges and challenges to arbitrators
• The laws governing international arbitration
• When a government is involved - bilateral investment treaty arbitration and its relationship to commercial arbitration
• Adjudication/dispute boards - the new and efficient way to deal with disputes
• Case Studies

DAY 3

NEGOTIATION SKILLS & PRACTICAL CONTRACTUAL ISSUES

• Common clauses that Contractors seek to amend
• Contractual regime covering delays and extensions of time
• Defects liability regime and typical issues in relation to power plant;
• Case Study: Sidi Kerir Power Plant Project
• Contract price and payment regime
• Completion & performance testing & the passing of risk and responsibility
• Insurance regime
• Force majeure
• Letters of credit & their use
• Introduction to financing techniques
• Critical Situations
• Contract managements
• Types of risks & Risk Management
• Integrating risk management into the contract life cycle : Effective measures to mitigate contract risk
• Delays, Damages & Extensions of Time
• Pre contract & post contract works
• EIC CONTRACTORS GUIDE TO THE FIDIC CONDITIONS OF CONTRACT FOR
CONSTRUCTION

PRACTICAL EXAMPLES

Example case studies of contracts for successful as well as unsuccessful contracts
Closing Session & Certificates of Attendance

• View courses.
• Handbook.