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Key Sessions

Agenor Correa

KEYNOTE: The use of the FIDIC Yellow Book in the Panama Canal Expansion Program

PANAMA CANAL AUTHORITY

Oct 02
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08:30 - 08:55 25 mins
Registration & Coffee
08:55 - 09:00 5 mins
Opening Remarks from the Chairman
  • William Howard - Responsible Executive Committee Member, FIDIC EXECUTIVE COMMITTEE
09:00 - 09:30 30 mins
KEYNOTE: The use of the FIDIC Yellow Book in the Panama Canal Expansion Program
  • Agenor Correa - Vice President of Legal Advice, PANAMA CANAL AUTHORITY
09:30 - 10:30 60 mins
Info
Main Features of the Updated Red, Yellow and Silver Books: What has Changed and Why
  • Aisha Nadar - Member, FIDIC EXECUTIVE COMMITTEE
  • Siobhan Fahey - Member, FIDIC CONTRACTS COMMITTEE

The 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 comparisons
  • Care of the Works and insurances
  • Amended claim provisions
  • Outline of the revised dispute provisions
10:30 - 11:10 40 mins
Info
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
11:10 - 11:30 20 mins
Coffee Break
11:30 - 12:10 40 mins
Info
The Enhanced Claim’s Provisions in the Updated Contracts: What do These Mean?
  • Felipe Pelaez - Director, FTI CONSULTING

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 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
12:10 - 12:50 40 mins
Info
Looking at the Relationship Between FIDIC and the MDBs
  • Aisha Nadar - Member, FIDIC EXECUTIVE COMMITTEE
  • Maria Margarita Zelaya de Nunez - Director, Transport and Vertical Structures, MILLENNIUM CHALLENGE CORPORATION

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
12:50 - 13:10 20 mins
Info
Ask the Contracts Committee - Q&A session
  • Aisha Nadar - Member, FIDIC EXECUTIVE COMMITTEE
  • Siobhan Fahey - Member, FIDIC CONTRACTS COMMITTEE
  • Jorge Díaz Padilla - CEO Systec Mexico; FIDIC Former President, FIDIC INTEGRITY 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 having given it careful consideration in the run-up to the event

 

13:10 - 14:10 60 mins
Networking Lunch
14:10 - 14:50 40 mins
Info
New Official Guidance on Modifying FIDIC Conditions – FIDIC Golden Principles
  • Sebastian Hök - Adjudicator, FIDIC PRESIDENT’S LIST

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

 

14:50 - 15:30 40 mins
Info
Using FIDIC Contracts in Latin America Projects
  • Jorge Díaz Padilla - CEO Systec Mexico; FIDIC Former President, FIDIC INTEGRITY COMMITTEE

FIDIC’s suite of contracts are not yet fully recognised or used in Latin America. This session will describe how FIDIC contracts are being applied in the region and will identify the main reasons for its slow dissemination in this market place. However, experiences in using FIDIC Red, Pink and Yellow Books as key project administration tools on infrastructure projects in Central and South America will be presented and the major “red flags” that need to be identified and solved for a successful application will be discussed such as procurement, capacity building and corruption.

15:30 - 16:10 40 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
16:10 - 16:35 25 mins
Afternoon Coffee Break
16:35 - 17:05 30 mins
Info
Working Groups Session – Identifying & Addressing FIDIC Challenges in Latin America
  • Jaime Gray - Partner, NPG ABOGADOS
  • Camilo Zamora Riaño - Legal Counsel, CML CONSTRUCTION SERVICES
  • Christian Sadleder - Managing Director for PPP in LATAM, STRABAG

Led by our expert panel of facilitators, this final session allows delegates to come together in a relaxed roundtable environment to identify and discuss region-specific challenges with reference to the application of particular FIDIC principles and Clauses. This entirely interactive session will allow you to deliberate with your peers on some of the key challenges facing the construction & engineering industry in the Latin American region and then make recommendations to FIDIC Contracts Committee on potential solutions to overcome those challenges. Some of the topics under discussion will include: DABs, Time Bars, Issues for Contractors, and much more besides.

17:05 - 17:10 5 mins
Closing Remarks from the Chairman
  • William Howard - Responsible Executive Committee Member, FIDIC EXECUTIVE COMMITTEE