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08:30 - 08:55 25 mins
Main agenda
Registration & Coffee
08:55 - 09:00 5 mins
Main agenda
Opening Remarks from the Chair
  • William Howard - President-Elect and Member, FIDIC BOARD
09:00 - 09:15 15 mins
Main agenda
Opening Address by the new FIDIC Chief Executive Officer, Dr Nelson Ogunshakin OBE
  • Dr Nelson Ogunshakin OBE - Chief Executive Officer, FIDIC
09:25 - 10:10 45 mins
Main agenda
The 2017 FIDIC Contracts: Recap of the Most Important Changes and Brief Discussion of Points Raised in Recently Published Articles and Commentary
  • Zoltán Záhonyi - Chair, FIDIC CONTRACTS COMMITTEE
  • Siobhan Fahey - Member, 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.

10:10 - 10:50 40 mins
Main agenda
Users' Reflections on the Main Challenges & Foreseeable Benefits of the 2017 Suite One Year On
  • The Contractor: François Dore - Risk Management Director, BOUYGUES BÂTIMENT INTERNATIONAL
  • The Employer: Jörg Marienhagen - Director for Bid Management International Markets, DEUTSCHE BAHN
  • The Engineer: Karsten Gallip - International Consultant Engineer, INROS LACKNER
  • The Moderator: Sebastian Hök - Adjudicator, FIDIC PRESIDENT’S LIST

As the dust settles on the new launch of FIDIC's iconic suite of contracts, this panel brings together representatives for the Consulting Engineering, Employer, Contracting, and Construction Law communities to address some of the most hotly debated areas among users and practitioners alike. The panellists will offer their views on the main challenges and as well as the benefits of the 2017 FIDIC Suite, including what the rationale may be for early adopters to embrace the enhanced capabilities of the new Suite and any reasons that may be precluding some users' immediate adoption. This will also be an opportunity for Users in the audience to ask questions to the panel assembled on stage, which may help form their own views.

10:50 - 11:10 20 mins
Main agenda
Coffee Break
11:10 - 12:00 50 mins
Main agenda
Comparative Advantages of FIDIC in Relation to Other Commonly Used Standard Forms of Contract
  • Vincent Leloup - Member, FIDIC CONTRACTS COMMITTEE
  • Mahmoud Abu Hussein - Procurement & Contracts Manager, DOLPHIN ENERGY
  • Moderator: Edward Corbett - Managing Director, CORBETT & CO

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, 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:

  • Role and authority of the Engineer and its equivalent in other forms
  • Variations
  • Performance management, including incentives and liquidated damages provisions
  • Liabilities
  • Relief events and claim management
  • Dispute avoidance and resolution
12:00 - 12:45 45 mins
Main agenda
Dos and Don'ts for Effective Claims Management Under FIDIC – Avoiding, Containing and Handling claims
  • Adrian Bell - Partner – Co-Head of Infrastructure, Construction and Energy Disputes, CMS
  • Andreas Roquette - Partner, 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 disputes
12:45 - 13:00 15 mins
Main agenda
Ask the FIDIC Experts & Special Advisors - Q&A session
  • Dr Nael Bunni - Special Adviser, FIDIC CONTRACTS COMMITTEE
  • Christopher Seppälä - Legal Advisor, FIDIC CONTRACTS COMMITTEE
  • Moderator: Siobhan Fahey - Member, FIDIC CONTRACTS COMMITTEE

This Q&A is always a popular session with contract users looking for cutting edge advise from several leading international FIDIC advisors. Don’t miss your opportunity to put your questions directly to our panel of FIDIC Experts and Special Advisors. They will try to address as many of your questions as possible during the two days of the main conference and we would like to remind you these can be submitted 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 #FIDIC18
  • 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
13:00 - 14:05 65 mins
Main agenda
14:05 - 14:55 50 mins
Main agenda
Contract Administration and Dispute Avoidance from an International Contractor’s Perspective
  • Moderator: Tony Dymond - Partner, DEBEVOISE & PLIMPTON
  • Mathias Fabich - Head of Department Contract Management and Prequalification, PORR
  • Mario Rocco - Global Leader Contract Management, GE POWER
  • Nabeel Khokhar - Contract Administration, STRABAG
  • Shenying Peng - General Counsel, POWERCHINA

This panel session will assemble seasoned international Contractors and in-house contract specialists from large infrastructure and engineering firms operating at the coal face of real world implementation of FIDIC Forms of contract. Panellists will be discussing critical areas of contract administration including optimisation opportunities and common pitfalls to avoid, as well as the latest trend in dispute management and avoidance. Each of the speakers will provide a key takeaway or mantra to live by as a Contractor-side user of FIDIC. Not to be missed!

14:55 - 15:40 45 mins
Main agenda
How are MDBs Looking at the 2017 FIDIC Suite? – Foreseeable Developments
  • Aisha Nadar - Member, FIDIC BOARD
  • Enzo de Laurentiis - Chief Procurement Officer, WORLD BANK
  • Jan Jackholt - Director of Procurement, EBRD
  • To Be Advised - Senior Representative, AIIB

Global infrastructure requirements are accelerating at an unprecedented pace. It is a primary objective of all industry stakeholders to jointly develop fit-for-purpose procurement processes in the commercial sense, while fully respecting environmental and social considerations. The World Bank, the European Bank for Reconstruction (EBRD) and the Asia Infrastructure Investment Bank (AIIB) will continue to be pivotal, and financing will also increasingly involve cooperation with other private and public investors. FIDIC has long promoted the concept of strategic procurement, with an output-based approach and has a long standing history of committed partnership with the MDBs. Focus on upfront procurement planning, along with contract management and capacity building feature as strong facets in the new FIDIC suite of contracts published in December 2017. This high-level joint session is a prime platform to gain understanding of recent developments and to engage in exchanges with leaders that are deploying best practice tools in infrastructure procurement and FIDIC contracts in the procurement process.

15:40 - 16:00 20 mins
Main agenda
Coffee Break
16:00 - 16:45 45 mins
Main agenda
Global Implementation of FIDIC - Spotlight on China
  • Shenying Peng - General Counsel, POWERCHINA
  • Prof. Roger Flanagan - Construction Management & Engineering, UNIVERSITY OF READING
  • Stephane Giraud - Director ‘Hydropower & Dams’, EGIS
16:00 - 16:45 45 mins
Main agenda
Risks and Insurance Provisions in the 2017 FIDIC Books
  • Dr Nael Bunni - Special Adviser, FIDIC CONTRACTS COMMITTEE

This session will deal with the provisions in Clauses 17 to 19 of the 2017 Edition of the FIDIC Forms of Contract, which incorporate the latest thinking of the International Standards, in respect of risk and risk management. These provisions will reflect the interaction between risk, responsibility, liability, indemnity and insurance. This session includes:

  • How the 2017 FIDIC Forms deal with risk and risk management;
  • Risk Allocation: The 2017 criteria;
  • The distinction between the Employer’s Risks and Contractor’s Risks;
  • The minor requisite differences in the wording between the three major FIDIC Forms of Contract;
  • The transition from Responsibility to Liability in Clause 17;
  • Liability for the Contractor before and after the issuance of the Taking-Over Certificate;
  • The Date of Completion vs. the Date of the Taking-Over Certificate (Sub-Clause 17.1);
  • Liability for breach of professional duty;
  • Clause 17.4 [Indemnities by Contractor] and Clause 17.5 [Indemnities by Employer];
  • Exceptional Events & Consequences; &
  • The insurance requirements that must be catered for
16:45 - 17:30 45 mins
Main agenda
Making the Most of the FIDIC Suite of Agreements
  • Vincent Leloup - Member, FIDIC CONTRACTS COMMITTEE
  • Husni Madi - FIDIC Accredited Trainer; CEO Shura Construction Management; Member, FIDIC TASK GROUP 15

This session will take you through FIDIC’s update of its suite of Agreements, released in April 2017, for use in professional services contracting. The new White Book, 5th Edition, (update of the 2006 Edition) for Client-Consultant relations, the Sub-Consultancy Agreement, 2nd edition, (update of the 1992 Edition), whenever a White Book (or other) Consultant aims at subcontracting part of its Services, and the JV Agreement for Consultants, 2nd edition (update of the 1992 Edition), 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, and
    - The new FIDIC 2017 JV Agreement
  • Making the most of the new suite of Agreements - top tips
  • Questions & Answers
16:45 - 17:30 45 mins
Main agenda
The New Contract Management Provisions in the Updated FIDIC Contracts
  • Christopher Seppälä - Legal Advisor, FIDIC CONTRACTS COMMITTEE

The updated FIDIC contracts contain new and more prescriptive contract management provisions compared to those in the 1999 FIDIC suite. This session will examine the new provisions listed below and explore whether their greater length and detail constitutes a welcome development for construction professionals in all cases or whether there might still be room for improvement:

  • New requirements for Notices and other forms of communications (Sub-Clause 1.3);
  • Enhanced role of the Engineer to agree or determine ( Sub-Clause 3.7);
  • New ‘deeming’ provisions (e.g. Sub-Clauses 5.1, 6.12, 10.1, 11.9 etc.) - a most welcome development;
  • The new provision on advance warning (Sub-Clause 8.4) – another positive;
  • New Variation provisions: (i) an instruction which the Contractor considers to be a Variation, (ii) the description of the scope of Variations, (iii) the inapplicability of the Claims procedure to Variations (Clause 13);
  • Final Statement, Partially Agreed Final Statement, Discharge and Final Payment Certificate (Clause 14); and
  • Enhanced Role of Engineer to deal with Claims (Sub-Clause 20.2).

17:30 - 18:45 75 mins
Main agenda
Drinks Reception
19:30 - 21:30 120 mins
Main agenda
Annual Gala Dinner

We’re delighted to announce that following the success of our inaugural Dinner event last
year, we will once again be hosting a Gala Dinner to allow delegates a premium networking
opportunity to meet fellow users and speakers in a relaxed and friendly environment.

Please feel free to invite colleagues and contacts to also enjoy the evening, as reservations are open to all.

Corporate table reservations and additional promotions are also available. For more information please contact Ayo Fagbohun +44 (0)207 7017 4196 or ayo.fagbohun@knect365.com