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08:30 - 09:00 30 mins
Main agenda
Registration & Coffee
08:55 - 09:00 5 mins
Main agenda
Chair's Opening Remarks
  • Aisha Nadar - Member, FIDIC EXECUTIVE COMMITTEE
09:00 - 10:00 60 mins
Info
Main agenda
Main Features of the Updated Red, Yellow and Silver Books: What has Changed and Why
  • Siobhan Fahey - Member, FIDIC CONTRACTS COMMITTEE
  • Zoltán Záhonyi - Chairman, FIDIC CONTRACTS COMMITTEE

FIDIC’s Contracts Committee has updated the FIDIC 1999 Suite of Contracts (Red Book, Yellow Book and Silver Book), and in this session, members of FIDIC’s Contracts Committee, Executive Committee and Updates Task Group will identify the main changes that have been made to the 1999 Rainbow Suite and will briefly explain why these were decided by FIDIC to be necessary or an improvement. 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
10:00 - 10:45 45 mins
Info
Main agenda
FIDIC 2017 and the Continuing Evolution of the Role of the Engineer
  • Aisha Nadar - Member, FIDIC EXECUTIVE COMMITTEE

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, and 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
10:45 - 11:05 20 mins
Main agenda
Morning Coffee
11:05 - 11:50 45 mins
Info
Main agenda
The Enhanced Claim’s Provisions in the Updated Contracts: What do These Mean?
  • Eugene Tan - Partner, CLYDE & CO
  • David Brown - Partner, CLYDE & CO

This session will discuss ways to try to avoid claims arising in the first place but then, 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
11:50 - 12:35 45 mins
Info
Main agenda
The Enhanced Contract Variation Provisions in the New FIDIC Suite
  • Matthew Blycha - Partner, HFW
  • Nick Longley - Partner, HFW

Variations are a key issue on projects. It is important to know how a variation should be ordered and what instructions must be given. Disputes arise when there is disagreement about whether an item of work counts as extra or if it has been formally ordered. This session will be run by the authors of "Construction Contract Variations", the only book that deals exclusively with this subject. Coverage includes:

  • Changes to the variations provisions under the new FIDIC suite of contracts.
  • Differences with variations under the Red Book and Yellow Book.
  • What type of variation instruction is required under the new contracts?
  • Procedures for ordering and agreeing the value and scope for variations
12:35 - 13:00 25 mins
Info
Main agenda
Ask the FIDIC Experts – Q&A Session
  • Zoltán Záhonyi - Chairman, FIDIC CONTRACTS COMMITTEE
  • Siobhan Fahey - Member, FIDIC CONTRACTS COMMITTEE
  • Vincent Leloup - Member, FIDIC CONTRACTS COMMITTEE

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 havinggiven it careful consideration in the run-up to the event
13:00 - 14:00 60 mins
Main agenda
Lunch
14:05 - 14:45 40 mins
Info
Main agenda
Looking at the Relationship Between FIDIC and the MDBs
  • Aisha Nadar - Member, FIDIC EXECUTIVE COMMITTEE
  • Vijay Akasam - Senior Procurement Specialist, ASIAN DEVELOPMENT BANK
  • Kofi Awanyo - Lead Procurement Specialist, WORLD BANK

The FIDIC Pink book has been included in the IFI Standard Bidding Documents for almost 15 years. During this time much has evolved in procurement and project delivery. The World Bank, along with other IFIs, has under gone extensive procurement reforms aimed at better achieving value for money. Defining the way forward, so that procurement can be used as a strategic tool in achieving core objectives of recipient countries, as well as financial institutions, taking into account key issues such as sustainability, integrity, and capacity building, is critical. This session will:

  • Provide an outline of the Bank’s Procurement Reforms, including key features in the revised Effective Development strategy
  • Identify key ingredients of the procurement process from the MDB perspective
  • Analyse FIDIC’s role before, during and after the contracting process
14:40 - 15:20 40 mins
Info
Main agenda
New Official Guidance on Altering FIDIC Conditions
  • Donald Charrett - Member, FIDIC TASK GROUP 15
  • Zoltán Záhonyi - Chairman, FIDIC CONTRACTS COMMITTEE

This session will offer an exclusive insight into the 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, so as the resultant contract can still be recognised as a FIDIC compliant contract. These FIDIC Golden Principles are applicable to both the FIDIC 1999 Suite, and the 2017 Second Editions. Case studies on critical Do’s and Dont’s will be provided in the content of this session.

  • What is the status of the work that TG15 is engaged on at the moment?
  • Background to the Need for TG15 and its mandate.
  • Reasons for Particular Conditions which infringe on the Golden Principles.
  • Walk-through the TG15 Draft Golden Principles.
  • Examples of Breach and proper use of the Golden Principles.

 

15:20 - 15:40 20 mins
Main agenda
Afternoon Refreshments
15:40 - 16:25 45 mins
Info
Main agenda
FIDIC Gold Book – Market Uptake Overview and Recent Initiatives from the MDBs
  • Vincent Leloup - Member, FIDIC CONTRACTS COMMITTEE
  • Alain Morel - Senior Procurement Specialist, ASIAN DEVELOPMENT BANK

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 construction industry, in particular in the water sector and with Development Banks (Asian Development Bank, World Bank, AFD, etc.). The speaker 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?
  • The example of the Asian Development Bank Standard Bidding Document (SBD) for DBO projects
  • Key features to consider for a successful DBO project
  • The way forward / Recent (2017) initiatives from Development Banks
  • Questions & answer
16:25 - 17:00 35 mins
Info
Main agenda
Making the Most of The FIDIC Suite of Agreements
  • Sebastian Hök - Adjudicator, FIDIC PRESIDENT’S LIST
  • Vincent Leloup - Member, FIDIC CONTRACTS COMMITTEE

This session will take you through FIDIC’s update of its suite of Agreements, released in February 2017, for use in professional services contracting. The new White Book (update of the 2006 Edition) for Client-Consultant relations, the Sub-consultancy Agreement, 2nd edition, 2017, whenever a White Book (or other) Consultant aims at subcontracting part of its Services, and the JV Agreement for Consultants, 2nd edition 2017, forming a JV or a Consortium to deliver Services to a Client, under a White Book arrangement or other. Coverage includes:

  • Main features of the new FIDIC 2017 White Book vs. the 2006 Edition
  • The new FIDIC 2017 Sub-Consultancy Agreement, to be used in conjunction with the new White Book or other
  • The New FIDIC 2017 JV Agreement – for Consultants teaming up under a White Book arrangement, or other, with the Client
  • Making the most of the new suite of Agreements - top tips
  • Questions & Answers
17:00 - 17:30 30 mins
Info
Main agenda
Ask the FIDIC Experts Q&A Session
  • Zoltán Záhonyi - Chairman, FIDIC CONTRACTS COMMITTEE
  • Sebastian Hök - Adjudicator, FIDIC PRESIDENT’S LIST

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 havinggiven it careful consideration in the run-up to the event
17:30 - 19:00 90 mins
Main agenda
Drinks Reception