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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.
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?
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:
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:
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:
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.
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.
The concept of Design Build and Operate projects is proving becoming very popular for both the design & construction of new facilities (The Gold Book) and the design & upgrading of existing facilities (The new Bronze Book). This session will give an overview of both these documents, including:
Clauses 17 to 19 of the New Editions of the FIDIC Forms of Contract have been extensively modified to incorporate the latest thinking 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 reflect also modifications to the flow from risk to responsibility, liability, indemnity and insurance. This session will deal with these modifications, and in particular it will include:
• How the risk and risk management is dealt with in the New FIDIC Forms;
• The distinction between the Employer’s Risks and Contractor’s Risks;
• The different criteria of Risk Allocation;
• How Responsibility and Liability for Care of the Works is dealt with;
• Liability for breach of professional duty;
• The indemnities that should be provided by the Parties for each other;
• Exceptional Events &Consequences; & the insurance requirements that must be catered for
As there are distinct differences between the various FIDIC Forms, there would be differences between the wording of these Clauses for the Red, Yellow, and Silver Books and eventually the Gold and Bronze Book.
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: