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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 - Responsible Executive Committee Member, FIDIC EXECUTIVE COMMITTEE
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09:00 - 09:10 10 mins
Main agenda
President’s Opening Remarks
  • Alain Bentéjac - President-Elect, FIDIC
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09:10 - 09:50 40 mins
Main agenda
60 Years of FIDIC Contracts: Where we have Come From and Where we are Going
  • Dr Nael Bunni - Special Adviser, FIDIC CONTRACTS COMMITTEE
  • William Howard - Responsible Executive Committee Member, FIDIC EXECUTIVE COMMITTEE
  • Simon Worley - Task Group Leader, FIDIC UPDATES TASK GROUP
  • Zoltán Záhonyi - Chair, FIDIC CONTRACTS COMMITTEE
  • Christopher Seppälä - Legal Advisor, FIDIC CONTRACTS COMMITTEE
  • Moderator: Enrico Vink - Managing Director, FIDIC (Switzerland)
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FIDIC was established in 1913 to represent the business interests of consulting engineers.  This objective was eventually extended to clarify the important role of the engineer in administering construction contracts - a responsibility which was assumed by FIDIC, with strong support from the contracting fraternity, and financing institutions. And so, the first Red Book was published in August 1957. Remarkably, this document remained largely unchanged until 1977. The first Yellow Book followed in 1963, and also proved very successful, with over 50,000 copies sold in over 80 countries, before it was finally reviewed in 1980.  FIDIC contracts are designed to survive, and to stand the test of time. This is what makes them the international standard. This is what earns them the right to be protected, and clear guidance offered on their interpretation and correct use at forums such as the FIDIC Contract Users' Conference. This session will provide a 360º perspective on the evolution of the FIDIC Suite of Contracts towards where we are today and set the scene for further discussion on the next generation of the suite as presented in the 2017 edition.

09:50 - 10:50 60 mins
Main agenda
Main Features of the Updated Red, Yellow and Silver Books: What has Changed and Why
  • Siobhan Fahey - Member, FIDIC CONTRACTS COMMITTEE
  • William Godwin QC - Barrister; Member, FIDIC UPDATES TASK GROUP
  • Aisha Nadar - Member, FIDIC EXECUTIVE COMMITTEE
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FIDIC’s Contracts Committee has updated the FIDIC 1999 Suite of Contracts (Red Book, Yellow Book and Silver Book) and the Second Edition 2017 of each of these three FIDIC contracts are being launched at this conference. In this session, members of FIDIC’s Contracts Committee, Executive Committeeand 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’ rightsand 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


10:50 - 11:10 20 mins
Main agenda
Coffee Break
11:10 - 11:55 45 mins
Main agenda
FIDIC 2017 and the continuing Evolution of the Role of the Engineer
  • Vincent Leloup - Member, FIDIC CONTRACTS COMMITTEE
  • Simon Worley - Task Group Leader, FIDIC UPDATES TASK GROUP
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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.
11:55 - 12:40 45 mins
Main agenda
The Enhanced Claim’s Provisions in the Updated Contracts: What do These Mean?
  • Nicholas Gould - Partner, FENWICK ELLIOTT
  • Jeremy Glover - Partner, FENWICK ELLIOTT
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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
12:40 - 13:00 20 mins
Main agenda
Ask the Contracts Committee - Q&A session
  • Kaj Möller - Member, FIDIC CONTRACTS COMMITTEE
  • Siobhan Fahey - Member, FIDIC CONTRACTS COMMITTEE
  • Vincent Leloup - Member, FIDIC CONTRACTS COMMITTEE
  • Zoltán Záhonyi - Chair, FIDIC CONTRACTS COMMITTEE
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13:00 - 14:10 70 mins
Main agenda
Lunch
14:10 - 14:40 30 mins
Main agenda
Looking at the Relationship Between FIDIC and the MDBs
  • Hiba Tahboub - Governance Practice Manager, THE WORLD BANK (United States)
  • Evgeny Smirnov - Senior Procurement Specialist, EUROPEAN BANK FOR RECONSTRUCTION & DEVELOPMENT
  • Kitty Villani - Procurement Director, COUNCIL OF EUROPE DEVELOPMENT BANK
  • Aisha Nadar - Member, FIDIC EXECUTIVE COMMITTEE
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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
Main agenda
New Official Guidance on Modifying FIDIC Conditions – FIDIC Golden Principles
  • Husni Madi - FIDIC Accredited Trainer; CEO Shura Construction Management; Leader, FIDIC TASK GROUP 15
  • Donald Charrett - Member, FIDIC TASK GROUP 15
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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.

  • 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
15:20 - 15:40 20 mins
Main agenda
Coffee Break
15:40 - 16:20 40 mins
Main agenda
The New Guidance Notes to the 2017 FIDIC Suite of Contracts – All Need to Know on How to Navigate Key Changes
  • Siobhan Fahey - Member, FIDIC CONTRACTS COMMITTEE
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Together with an update and improvement ofthe General Conditions of Contract in the 2017 FIDIC Suite of Contracts,FIDIC’s Contracts Committee has correspondingly updated the Guidance Notes for thepreparation of Particular Conditions. In this session FIDIC’s ContractsCommittee’s Principal Drafter will identify the main changes and newalternative clauses, including:

  •  Milestones
  •  Limitation of liability
  •  Ownership of plant and materials
  •  Concurrent delays
  •  Training and supervisory assistance by the     Contractor
  •  Valuation of the Works
  •  Advance payment in instalments
  •  Employer-Supplied     Materials and Employer’s Equipment
  •  Nominated subcontractors
  •  The DAAB 
  •  Amicable settlement of disputes
  •  Arbitration
15:40 - 16:20 40 mins
Main agenda
Risks and Insurance Provisions in the New FIDIC Books
  • Dr Nael Bunni - Special Adviser, FIDIC CONTRACTS COMMITTEE
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Clauses 17 to 19 of the New Editions of the FIDICForms of Contract have been extensively modified to incorporate the latestthinking of risk and risk management as expressed in International standards,and in particular the 2009 Australian/New Zealand Standard AS/NZS ISO31000:2009.  The changes made reflectalso modifications to the flow from risk to responsibility, liability,indemnity and insurance.  This sessionwill deal with these modifications, and in particular it will include:

  •  How the risk and riskmanagement is dealt with in the New FIDIC Forms;
  • The distinction betweenthe Employer’s Risks and Contractor’s Risks;
  • The different criteria ofRisk Allocation;
  • How Responsibility andLiability for Care of the Works is dealt with;
  • Liability for breach ofprofessional duty;
  • The indemnities thatshould be provided by the Parties for each other;
  • Exceptional Events &Consequences; &
  • The insurancerequirements that must be catered for

As there are distinct differences between the variousFIDIC Forms, there would be differences between the wording of these Clausesfor the Red, Yellow, and Silver Books and eventually the Gold and Bronze Book.

16:20 - 17:00 40 mins
Main agenda
Making the Most of The FIDIC Suite of Agreements
  • Vincent Leloup - Member, FIDIC CONTRACTS COMMITTEE
  • Dr Sebastian Hök - Adjudicator, FIDIC PRESIDENT’S LIST
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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


16:20 - 17:00 40 mins
Main agenda
The New Contract Management Provisions in the Updated FIDIC Contracts
  • Zoltán Záhonyi - Chair, FIDIC CONTRACTS COMMITTEE
  • John Greenhalgh - Member, FIDIC UPDATES TASK GROUP
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FIDIC has taken a long journey updating the 1999 Suite of Contracts, and the new books apparently became much more detailed in contents and in certain procedures. This session introduces some of the various more detailed contract management procedures in these documents, and seeks the answer to the question, whether all these efforts were worth and the books became easier to apply and more user friendly? Areas covered:

  • Reiterating the core aims of the update;
  • Streamlined vs more elaborate procedures (pros and cons);
  • The new conditions’ impacts on the various stakeholders actions;
  • More time bars (?) – but are these real ones?
  • Examples of changed / more detailed project management provisions
17:00 - 17:15 15 mins
Main agenda
Chair's Closing Remarks
  • William Howard - Responsible Executive Committee Member, FIDIC EXECUTIVE COMMITTEE
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17:15 - 18:30 75 mins
Main agenda
Drinks Reception
19:00 - 21:00 120 mins
Main agenda
30th Anniversary Gala Dinner
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Join us to Celebrate the 60th Anniversary of the FIDIC Red Book, and the 30th Anniversary of this special Users Conference! It's time to celebrate and to acknowledge all those whose considerable efforts over many years have led to the huge success, not only of the FIDIC contracts, but also the 30th occasion that leading exponents have gathered together here in London, to share their vast experience, and strengthen the international community of FIDIC Users. Find out more.