Contracts & Claims Management هذه الدورة تدرس باللغة الإنجليزية
Marvel Management Training Institute
- مدة الدورة التدريبية: 6 شهور
- مواعيد الدورة: استفسار
تفاصيل الدورة
This practical training, provided by professional engineers with extensive international experience, explains and illustrates the use 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”).
Within all FIDIC contracts there will be claims. This training course is designed to provide practical assistance to those working with the FIDIC Contract Conditions in the management of claims and achieving resolution to claims. It is applicable to all the Parties involved within a FIDIC Contract – the Employer, the Contractor, the Engineer, and the DAB Members. By having a professional understanding of the responsibilities and rights of the Parties under a FIDIC contract and the procedures to manage claims, the resolution of claims will be achieved more successfully. It is provided by experienced engineers, who have extensive involvement with FIDIC claims, disputes, adjudications, and arbitration procedures.
This training provides the necessary knowledge for professionals from Government Ministries and Agencies, Private Sector Employers, Consulting Engineers, Contractors, Quantity Surveyors, Architects, Legal Advisers and all involved with the next generation of International Projects. It is particularly important to those involved in preparing or managing infrastructure projects financed under ISPA, as all contracts that are funded by the EU, will be under the FIDIC Conditions of Contract.
1. Introduction to FIDIC Documents (Construction Contract/Plan Contract).
- Background and reasons for change
- Examination of format and content of General Conditions
- Examination of Guide to Particular Conditions
2. Annex to documents, Selection of appropriate Contract, Responsibilities of Main parties.
- General issues
- Responsibilities of the Employer
- The Engineer
- The Contractor
- Nominated Sub-Contractor
3. Management of Projects – Key Areas, Workmanship and Time
- Staff and Labor
- Plant, Materials and Workmanship
- Commencement & Delays
4. Suspension
- Asests and Defects liability
5. Financial Clauses and Procedures
- Measurement and Evaluation
- Variation and Adjustment
- Contract Price and Payment
- Guarantees, Bonds
- Insurances
6. Risks, Force Majeure & Termination
- Termination by Employer
- Suspension & Termination by Contractor
- Risks and Responsibilities
- Force Majeure
7. The Management of Claims
- Claims: Causes and Risks
- Inherent project risks
- Allocation of risks under FIDIC contracts
- Analysis of Contractual risks
- Claims Procedures
- Clauses required notice by the Contractor
- Employer’s Claims
- Delegation by the Engineer
- Engineer’s determination
- Contractor’s Claims
- Notification of Claims
- Contemporary records
- Preparation of Claims
- Engineer’s assessment and Principles of Claim
- Engineers Valuation
- Engineer’s determination
- Case Study on Claims Procedures
- Actions by the Contractor
- Actions by the Employer
8. Principles Governing the DAB (Dispute Adjudication Board).
- Actions by the Engineer The Resolution of Disputes
- Referral to the DAB
- Presentation of evidence to the DAB
- The DAB’s decision
- Working of the DAB
- The FIDIC alternative procedure
- Arguments for and against the alternative procedure
- Post DAB/Engineer’s Decision
- Implementation and Enforcement
- Amicable Settlement
- Arbitration
- Case Study of Dispute Resolution by DAB
- Presentation by Contractor
- Employer’s response
Course Syllabus:
1. Introduction to FIDIC Documents:
- Understanding the Construction Contract and Design-Build Contract.
- Background, rationale for updates, and structure of FIDIC documents.
- Detailed analysis of the General Conditions and Guide to Particular Conditions.
2. Annexes and Contract Responsibilities:
- Overview of contract annexes and appropriate selection.
- Responsibilities of key parties: Employer, Engineer, Contractor, and Nominated Sub-Contractor.
3. Project Management: Key Areas, Workmanship, and Time:
- Managing staff, labor, and resources.
- Standards for plant, materials, and workmanship.
- Handling commencement delays and project timeline adjustments.
4. Suspension, Assets, and Defects Liability:
- Procedures for suspension of work and handling defects.
- Managing asset liability during and after project completion.
5. Financial Clauses and Procedures:
- Overview of measurement, evaluation, and contract price adjustments.
- Payment terms, guarantees, bonds, and insurance requirements.
6. Risks, Force Majeure, and Termination:
- Understanding contractual risks and responsibilities.
- Procedures for termination by Employer or Contractor.
- Force majeure provisions and their impact on the contract.
7. The Management of Claims:
- Identifying causes and risks associated with claims.
- Risk allocation under FIDIC contracts.
- Claims procedures: Contractor’s notice requirements and Employer's claims.
- The Engineer’s role in claims determination, assessment, and valuation.
- Case studies on effective claims management.
8. Principles Governing the DAB (Dispute Adjudication Board):
- Understanding the DAB’s role in dispute resolution.
- Procedures for presenting disputes to the DAB.
- Analysis of the FIDIC alternative dispute resolution procedures.
- Case studies on dispute adjudication and enforcement.
المتطلبات
Basic understanding of contract management and international project standards is recommended. No specific prerequisites are required.
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