Course Description
This five-day introductory course on Contracts Management and Administration explains the practical application of the FIDIC Conditions of Contract for Construction (the “Construction Contract”) and the FIDIC Conditions of Contract for Plant and Design-Build (the “Design-Build Contract”). Whether you are a Client, Consultant or Contractor this training program will help you to gain confidence on FIDIC documents. It provides extensive checking measures and work exercises to give all delegates a comprehensive understanding of the proper management of these contracts.
What Do Participants Learn?
- Learn the practical use of FIDIC conditions of contracts
- Understand the steps to be followed prior to signing the contract
- Apply FIDIC conditions of contracts to manage claims and dispute resolution
- Understand FIDIC contract-related documents
- Understand the responsibilities of the main parties
- Learn tests on completion and financial procedures
- Understand several key concepts such as suspension, termination, risk, liability, force majeure, etc.
- Understand what is completion and what are the liabilities applicable after
Who Should Attend?
This training is highly recommended for all levels of Engineers, Managers and other Construction professionals who would like to understand the Construction and Contract laws.
What Will the Learning Experience Include?
Phase: 1
Introduce
- Comprehensive pre-program activities include:
- Web-based information forms & surveys completed by attendee.
- Direct consultation with the attendee about the expectations.
- During the training, participants engage in data, activities, and conversations that lead to insight and knowledge.
- Participants learn from expert trainers who have both academic and business experiences.
- Highly applicable training content & instructive activities for adding depth to training topics.
- **A half-day site visit for integrating the experience & plan next steps. Opportunities to provide connections, ideas & support.
Phase: 2
Explore & Practice
Phase: 3
Apply
- Apply & sustain the learning experience by using this ongoing support:
- To ensure participant has new skills or behavior progress.
- Optional, fee-based mentoring & coaching with the trainer.
- Training materials & additional documents (e-books, pdf files, presentations and articles)
- Evaluate your training experience by giving us feedbacks and help us to reach our organizational goals.
- Participant's Evaluation
- Trainer's Evaluation
Phase: 4
EVALUATE
Section One:
General Provision
- Definitions, Interpretation
- Law and Language, Priority of Documents
- Contract Agreement, Assignment
- Employer's Use of Contractor's Document
- Contractor’s Use of Employer’s Document
The Employee, Engineer, Contractor
- Right of Access to the Site
- Permits, Licenses or Approvals
- Engineer’s Duties and Authority
- Contractors general obligations
- Subcontractors
Nominated Subcontractors, Staff, and Labour
- Definition
- Objection to Nomination
- Payments to nominated subcontractors
- Engagement of Staff and Labour
- Labour laws and Working Hours
- Health and safety, Contractor’s Personnel
Section Two:
Design
- General Design Obligations
- Contractor’s Documents and Undertaking
- Technical Standards and Regulations
- Design Error
Plant, Materials, and Workmanship
- Manner of Execution
- Ownership of Plant and Materials
- Samples, Inspection, Testing, and Rejection
- Commencement, Delays, and Suspension Commencement of work
- Time of Completion, Programme
- Extension of Time for Completion
- Rate of Progress, Delay Damages, Suspension of work
Employer’s Taking Over, Defects Liability
- Taking over of the Works and Sections, Parts of the works
- Interference with Tests on Completion
- Completion of Outstanding Work and Remedying Defects
- Removal of Defective work
- Performance Certificate
- Clearance of Site
Section Three:
Measurement and Evaluation
- Works to be Measured
- Method of Measurement
- Evaluation, Omissions
Variations and Adjustments
- Right to Vary, Value Engineering, Daywork.
- Variation Procedure.
- Adjustments for Changes in Legislation and Cost
Contract Price and Payment
- The Contract Price and Advance Payment
- Application for Interim Payment Certificates
- Plant and Materials intended for the works
- Payment of Retention Money
- Cessation of Employer's Liability
Section Four:
Termination by Employer
- Notice to Correct
- Termination by Employer
- Valuation at the date of Termination
- Payment after termination
- Corrupt or Fraudulent Practices
Suspension and Termination by Contractor
- Contractor's Entitlement to suspend work
- Termination by Contractor
- Cessation of Work and Removal of Contractor’s Equipment
- Payment on Termination
Risk and Responsibility
- Indemnities
- Contractor’s Care of the Works
- Employer's Risks
- Intellectual and Industrial Property Rights
- Limitation of Liability
Section Five:
Insurance and Force Majeure
- General Requirements for Insurances
- Definition of Force Majeure
- Insurance for Works and Contractor's Equipment
- Insurance for Contractor's Personnel
- Notice of Force Majeure
- Duty to Minimise Delay
Claims, Disputes, and Arbitration
- Contractor's Claims Appointment of the Dispute Board
- Failure to Agree on the Composition of the Dispute Board
- Obtaining Dispute Board’s Decision
- Amicable Settlement, Arbitration
- Expiry of Dispute Board’s Appointment