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Informa
08:30 - 08:55 25 mins
Registration & Coffee
08:55 - 09:00 5 mins
Chair's Opening Remarks
09:00 - 09:30 30 mins
Opening Address by the new FIDIC Chief Executive Officer, Dr Nelson Ogunshakin OBE
  • Nelson Ogunshakin OBE - Chief Executive Officer, FIDIC
09:30 - 09:50 20 mins
What the Contracts Committee is Currently Working on and Pipeline Including Green Book Update
  • Zoltán Záhonyi - Chairman, FIDIC CONTRACTS COMMITTEE
09:50 - 10:30 40 mins
Info
The 2017 FIDIC Contracts: Recap of the Most Important Changes and Brief Discussion of Points Raised in Recently Published Articles and Commentary
  • Siobhan Fahey - Member, FIDIC CONTRACTS COMMITTEE
  • Zoltán Záhonyi - Chairman, FIDIC CONTRACTS COMMITTEE
  • Aisha Nadar - Member, FIDIC BOARD

The New FIDIC Suite of Contracts, officially launched at this conference in December 2017, has been received with great interest by the global construction industry generating high levels of engagement and debate amongst Users and advisers alike. As Consulting Engineers, Employers, Contractors, and Construction Law professionals form a view on the capabilities of the 2017 Suite, our panel of FIDIC experts and Contracts' Committee members will briefly remind delegates of the main changes introduced and the reasons why these were decided by FIDIC to be necessary or an improvement, and proceed to briefly respond to some of the points raised in the many articles and commentary on the new Suite published in the last few months, thus continuing the dialog started last year. This session will help set the scene for the morning sessions addressing the way in which the new Suite of Contracts has been received by the global industry.

10:30 - 10:50 20 mins
Morning Coffee
10:50 - 11:30 40 mins
Info
Comparative Advantages of FIDIC in Relation to Other Commonly Used Standard Forms of Contract in Asia Pacific and Beyond
  • Donald Charrett - Member, FIDIC TASK GROUP 15

The aim of this session is to offer delegates an in-depth understanding of key comparative features between FIDIC and other forms of contract such as ENAA, NEC, ECC, JCT et al. Our panel of experts will compare and contrast salient aspects of the different forms of contract and examine which types of projects these may be ideally suited to. Likely areas of coverage include:

  • 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 - 12:05 35 mins
Info
Global Implementation of FIDIC - Spotlight on China and Hong Kong
  • Moderator: Nelson Ogunshakin OBE - Chief Executive Officer, FIDIC
  • Panellist Liu Luobing - Member of the FIDIC Board; Vice Chief Engineer, SHANGHAI INVESTMENT CONSULTING CORPORATION
  • Panellist Aisha Nadar - Member, FIDIC BOARD

China’s infrastructure requirements show no signs of slowing down. Specialist advisory firms estimate the investment needed to be circa US$9 trillion by 2025 and Beijing puts that the investment required to build infrastructure supporting its Belt and Road initiative alone at approximately US$ 890 billion – a figure further increased by physical infrastructure network required to realize the Belt and Road Initiative (BRI) of re-connecting Asia, Europe and Africa over land and linking East and West via a network of sea routes. FIDIC conditions of contract have been widely used in China for the delivery of major construction projects for a number of years now, primarily in projects financed by foreign governments, international and multilateral organizations or foreign companies. This panel comes together to examine the use of FIDIC in the region and how this is helping underpin major construction projects.

12:05 - 12:25 20 mins
Chinese Contractors’ Perspective on the Use of FIDIC in the International Market
  • Nicholas Brown - Partner, PINSENT MASONS
12:25 - 12:55 30 mins
Info
Effectively Managing Contract Variation Terms Under FIDIC
  • Ben Bury - Partner, HFW
  • Ben Mellors - 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 a disagreement about whether an item of work counts as extra or if it has been formally ordered.

12:55 - 14:00 65 mins
Lunch
14:00 - 14:45 45 mins
Info
Effective Claims Management Under FIDIC – Avoiding, Containing and Handling claims
  • Kelvin Aw - Director, CMS

Claims are not inevitable. Giving attention to their avoidance and containment is just as important as properly presenting and handling them. This session will discuss ways to prevent claims from arising in the first place. In addition, it will focus on the situation if claims do arise and cover how to best present claims and successfully pursue or defend them. Coverage includes:

  • Understanding typical project risks
  • Tools to avoid and manage claims
  • FIDIC’s requirements for notices of claim
  • Handling time bar provisions under common and civil law
  • Preventing claims from becoming dispute
14:45 - 15:00 15 mins
Info
Ask the FIDIC Experts – Q&A Session

Our annual “Ask the Experts Q&A” session has become one of our most popular perennials with contract users from across the globe. Put simply, the FIDIC Contract Users’ conference is your conference and this is therefore your opportunity to put your questions directly to members of the FIDIC Contracts Committee in attendance. 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 contracts committee 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 our event app and have this answered in real time
  • Tweet us your question using the hashtag #FIDICAsia19
  • 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

 

15:00 - 15:45 45 mins
Info
Looking at the Relationship Between FIDIC and the MDBs
  • Moderator: Aisha Nadar - Member, FIDIC BOARD
  • Panellist Kofi Awanyo - Lead Procurement Specialist, WORLD BANK
  • Panellist Michino Yamaguchi - Director of LPPSD; Head of Procurement, JICA
  • Panellist Vijay Akasam - Senior Procurement Specialist, ASIAN DEVELOPMENT 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, considering 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
15:45 - 16:05 20 mins
Afternoon Refreshments
16:05 - 16:50 45 mins
Info
New Official Guidance on Modifying FIDIC Conditions – FIDIC Golden Principles
  • Husni Madi - FIDIC Accredited Trainer; CEO Shura Construction Management; Member, FIDIC TASK GROUP 15

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, 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 Don’ts will be provided in the content of this session.

  •  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
16:50 - 17:35 45 mins
Info
Making the Most of The FIDIC Suite of Agreements
  • Sebastian Hök - Adjudicator, FIDIC PRESIDENT’S LIST

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
17:35 - 17:50 15 mins
Ask the FIDIC Experts Q&A Session
17:50 - 19:20 90 mins
End of Session and Drinks Reception