IBC Legal is part of the Knowledge and Networking Division of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them. Informa PLC's registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 3099067.

08:30 - 09:00 30 mins
Registration & Coffee
09:00 - 09:05 5 mins
Chair's Opening Remarks
  • Aisha Nadar - Member, FIDIC BOARD
09:05 - 09:30 25 mins
Keynote Speech
  • Dr Nelson Ogunshakin OBE - Chief Executive Officer, FIDIC

Details to be released

09:30 - 10:30 60 mins
Main Features of the Updated Red, Yellow & Silver Books: What has Changed and Why – By The FIDIC Committees
  • Siobhan Fahey - Member, FIDIC CONTRACTS COMMITTEE

FIDIC’s Contracts Committee has updated the FIDIC 1999 Suite of Contracts (Red Book, Yellow Book and Silver Book). In this session, members of FIDIC’s Contracts Committee, Executive Committee and Updates Task Group, will identify the key changes that have been made, and briefly explain why such developments were deemed pertinent to the success of today’s major infrastructure and construction projects. The speakers will cover:

  • New definitions
  • New provisions to promote the Parties’ collaboration
  • Improved provisions for the timing of the Parties’ and the Engineer’s obligations
  • New reciprocity between the Parties’ rights and obligations
  • Improved clarity and certainty in the important provisions relating to:
    - Unforeseeable physical conditions- Engineer’s agreement/determination
    - Performance security
    - Design and review
    - Tests on completion
    - Variations
    - Payment and valuation of the works
    - Claims
  • Limitation of liability and the Parties’ indemnities
  • ‘Force majeure’ à Exceptional Risks
  • Care of the Works and insurances
  • Amended claim provisions
  • Outline of the revised dispute provisions
10:30 - 10:50 20 mins
Coffee Break
10:50 - 11:30 40 mins
FIDIC Suite 2017 and the Continuing Evolution of the Role of the Engineer
  • Aisha Nadar - Member, FIDIC BOARD

Since the first Red Book was published in 1957, the Engineer has played a central role in the administration of a FIDIC contract. That role has evolved through the various editions and updates to reflect the myriad of changes in international construction projects over the years. The latest 2017 editions of the Red and Yellow Books encapsulate that continuing Evolution. This session will chart that evolution and review some of the key changes to the Engineer’s role to be found in the 2017 editions, covering:

  • The historical role of the Engineer
  • The evolution of the role of the Engineer
  • The Engineer’s role in today’s international projects
  • A summary of the Engineer’s role in the new 2017 editions of the Red and Yellow Books compared to the 1999 first edition versions
  • A detailed review of some of the key changes affecting the Engineer’s role to be found in the new 2017 editions compared to the 1999 first editions

11:30 - 12:30 60 mins
Regional & International Case Studies Review – Experiences from Users
  • Ismail Essa - Transformation Manager, SANRAL - SOUTH AFRICAN NATIONAL ROADS AGENCY
  • Nick Gardner - Country Manager | AFR GHOH | Freetown, Sierra Leone, UNOPS
  • Karsten Gallip - International Consultant Engineer, INROS LACKNER
  • Lawrence M. Njue - Resident Engineer; Tatu City Project, FRAME CONSULTANTS

This panel session assembles experienced FIDIC Contract Users from different regions and industry sectors to share their experiences using the FIDIC Contracts as key project administration tools, often, in some of the most challenging operational environments. Delegates will benefit from listening to case studies on the FIDIC Red and Yellow Book, as well as other books in the FIDIC Rainbow suite, and will also have an opportunity to pose any questions to the panellists. All case studies will be new to this conference.

  • Case Study 1 – Red Book
  • Case Study 2 – Yellow Book
  • Case Study 3 – Silver Book
  • Case Study 4 – Multiple Books
12:30 - 13:15 45 mins
The Enhanced Claim’s Provisions in the Updated Contracts: What do These Mean?
  • Simon Longley - Partner, Middle East and Africa, HKA GLOBAL

This session will discuss ways to try to avoid claims arising in the first place, and if they do arise, how best to present claims under the FIDIC form, with particular reference to:

  • Understanding typical project risks
  • Using the tools the FIDIC contract gives you
  • Different approaches under the civil and common law
  • The requirements for notices of claim
  • How best to prevent claims becoming disputes
13:15 - 14:15 60 mins
14:15 - 15:00 45 mins
Practical Approaches to Successfully Using the FIDIC White Book in Africa
  • Dr Sebastian Hök - Adjudicator, FIDIC PRESIDENT’S LIST
  • Zoltán Záhonyi - Chairman, FIDIC CONTRACTS COMMITTEE

This session will take you through the FIDIC’s update of its suite of Agreements, for use in professional services contracting. The new White Book (update of the 2006 Edition) for Client-Consultant relations, the Sub-consultancy Agreement whenever a White Book Consultant aims at subcontracting part of its Services, and the JV Agreement for Consultants forming a JV or a Consortium to deliver Services to a Client,under a White Book arrangement or other.

  • Main features of the new FIDIC White Book vs. the 2006 Edition
  • The new Sub-Consultancy Agreement, to be used in conjunction with the new White Book
  • JV Agreement – for Consultants teaming up under a White Book arrangement with the Client
  • Questions & answers
15:00 - 15:40 40 mins
Best Practice in FIDIC Contract Preparation & Implementation
  • Victoria Peckett - Partner, Co-Head of Construction, CMS
  • Nicholas Kramer - Partner, CMS

Many issues can lead to either a project success or failure. Strategic choices at procurement level are key, and the implication of those is not always fully appraised. This session will address how the selection of forms of contract, tender procedures and the preparation of tender documentation should fit the project objectives, budget, Employer’s resources and risk allocation sought. The FIDIC Suite of Contracts provides answers for a wide range of needs. The FIDIC Procurement Procedures Guide assists users and provides users with helpful guidance.

  • FIDIC best practice: using appropriately FIDIC Conditions of Contract
  • Key drivers at procurement stage, and reflections in tender documentation & procedure
  • Key issues for selection of the appropriate procurement method and form of contract – scope definition, time, cost and quality
  • Particular Conditions development – the problem with shifting risks to the other Party
  • From an adversarial approach towards full project ownership with clear
  • Delineations
15:40 - 16:00 20 mins
Afternoon Refreshments
16:00 - 16:40 40 mins
Five Golden Principles – What Makes a FIDIC Contract a FIDIC Contract
  • Husni Madi - FIDIC Accredited Trainer; CEO Shura Construction Management; Member, FIDIC TASK GROUP 15
  • Donald Charrett - Member, FIDIC TASK GROUP 15

This session will offer exclusive insight into new FIDIC guidance on safely modifying FIDIC Conditions of Contract by maintaining the integrity of the FIDIC Golden Principles, in order to minimize disputes. The presenters are members of Task Group 15 on Golden Principles, whose remit is to determine the limits of acceptable modification of Clauses in the Particular Conditions, in order for the resultant contract to be recognised as a FIDIC compliant contract. These FIDIC Golden Principles are applicable to both the FIDIC 1999 Suite, and 2017 Second Edition.

  • Background to the need for establishing the FIDIC Golden Principles
  • Reasons for Particular Conditions which infringe on the Golden Principles
  • Walk-through the 5 Golden Principles of FIDIC Contracts
  • Practical examples of Breach and proper use of the Golden Principles
16:40 - 17:25 45 mins
FIDIC Gold Book – Market Uptake Overview and Recent Initiatives
  • Dr Sebastian Hök - Adjudicator, FIDIC PRESIDENT’S LIST

The concept of Design Build and Operate (DBO) projects is proving very popular and accordingly the FIDIC Gold Book is of increasing use in the infrastructure and construction industry, in particular in the water sector and Development Bank funded projects. The speakers will give an overview of these recent trends, including:

  • Short reminder of the main features of the FIDIC Gold Book (DBO)
  • Why a growing interest in the water sector?
  • Key features to consider for a successful DBO project
  • The way forward / Recent (2017) initiatives from Development Banks
  • Questions & answers

17:25 - 17:55 30 mins
Ask the FIDIC Experts Q&A Session
  • Siobhan Fahey - Member, FIDIC CONTRACTS COMMITTEE
  • Husni Madi - FIDIC Accredited Trainer; CEO Shura Construction Management; Member, FIDIC TASK GROUP 15
  • Victoria Peckett - Partner, Co-Head of Construction, CMS

Our annual "Ask the FIDIC Experts Q&A" session has become one of our most popular perennials with contract users from across the region.Put simply, the FIDIC Contract Users' conference is your conference and this is therefore your opportunity to put your questions directly to acclaimed FIDIC experts and advisers to the Contracts Committee for cutting edge and authoritative advice on any aspect of FIDIC. Our experts will try to address as many of your questions as possible during the two days of the event and these can be submitted to the experts panel in a number of ways. You can:

  • Ask for the microphone and put your questions live to our panel on stage
  • Submit a question through Slido and have this answered in real time
  • Tweet us your question using the hashtag #FIDICQ&A
  • Email a complex question in advance to michele.costa@informa.com so this can be addressed by our experts at the event having given it careful consideration in the run-up to the event
17:55 - 18:00 5 mins
Chair's Closing Remarks
18:00 - 19:25 85 mins
Drinks Reception