Contracts & Claims Management

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.