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Informa
08:30 - 08:55 25 mins
Main Conference
Registration
08:55 - 09:00 5 mins
Main Conference
Chair's Opening Remarks
  • Aisha Nadar - Member, FIDIC BOARD
09:00 - 09:30 30 mins
Main Conference
Opening Address by the new FIDIC Chief Executive Officer, Dr Nelson Ogunshakin OBE
  • Dr Nelson Ogunshakin OBE - Chief Executive Officer, FIDIC
09:30 - 09:50 20 mins
Main Conference
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
Main Conference
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
  • Aisha Nadar - Member, FIDIC BOARD
  • Zoltán Záhonyi - Chairman, FIDIC CONTRACTS COMMITTEE

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
Main Conference
Global Implementation of FIDIC – Spotlight on Africa
10:50 - 11:05 15 mins
Main Conference
Morning Coffee
11:05 - 11:35 30 mins
Info
Main Conference
How the 2017 Edition addressed Contractors and Employers Concerns with the Role/Authority of the Engineer
  • Zoltán Záhonyi - Chairman, FIDIC CONTRACTS COMMITTEE
  • Mahmoud Abu Hussein - Procurement & Contracts Manager, DOLPHIN ENERGY

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
11:35 - 12:15 40 mins
Info
Main Conference
Contract Management Provisions in FIDIC Contracts: A comparison between the 1999 and 2017 Suite
  • Dr Sebastian Hök - Adjudicator, FIDIC PRESIDENT’S LIST

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
12:15 - 12:55 40 mins
Info
Main Conference
Do’s and Don’ts for Effective Claims Management Under FIDIC – Avoiding, Containing and Handling Claims
  • Patrick McPherson - Partner, Infrastructure, Construction and Energy Disputes Group, CMS
  • Lee Barry - Regional Head of Diales (Middle East) - Quantum Expert, DIALES

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
12:55 - 13:15 20 mins
Info
Main Conference
Ask the FIDIC Experts – Q&A Session
  • Dr Sebastian Hök - Adjudicator, FIDIC PRESIDENT’S LIST
  • Siobhan Fahey - Member, FIDIC CONTRACTS COMMITTEE
  • Nabil Abbas - Member, FIDIC ARABIC TRANSLATION COMMITTEE (Saudi Arabia)
  • Zoltán Záhonyi - Chairman, FIDIC CONTRACTS COMMITTEE

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 #FIDICME18
  • Email a complex question in advance to charlotte.hawkesparker@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
13:15 - 14:05 50 mins
Main Conference
Lunch
14:05 - 14:25 20 mins
Main Conference
Prospects for FIDIC use in Railway projects in the Middle East
  • Levent Irmak - Dispute Board Member, Accredited FIDIC Trainer, Expert Witness, Senior Contracts Advisor, MC2 MODERN
14:25 - 14:55 30 mins
Info
Main Conference
Looking at the Relationship Between FIDIC and the MDBs
  • Aisha Nadar - Member, FIDIC BOARD
  • Mohammad Al Dardasawi - Chief Officer Ports Development & Construction, AQABA DEVELOPMENT CORPORATION
  • Khalil Shaat - Governor Advisor, Contract Administrator, GIZ
  • Yolanda Tayler - Practice Manager, WORLD 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
14:55 - 15:35 40 mins
Info
Main Conference
New Official Guidance on Modifying FIDIC Conditions – FIDIC Golden Principles
  • Husni Madi - FIDIC Accredited Trainer; CEO Shura Construction Management; Leader, 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


15:35 - 16:15 40 mins
Info
Main Conference
Effectively managing contract variation terms under FIDIC
  • Ben Mellors - Partner, HFW
  • James Harbridge - 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.

16:15 - 16:35 20 mins
Main Conference
Afternoon Coffee
16:35 - 17:15 40 mins
Info
Main Conference
An Update on the FIDIC Gold Book
  • Dr Sebastian Hök - Adjudicator, FIDIC PRESIDENT’S LIST

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:

  • A short reminder of the main features of the FIDIC Gold Book
  • Gold Book (DBO) vs. FIDIC Bronze Book (ODB) including harmonization with the 2nd edition 2017
  • Current use of the FIDIC Gold Book on water & wastewater
  • Projects – lessons learned
  • Hot topic: Procurement issues under an ODB project
  • Hot topic: Interface between old and new / risk sharing regarding existing facilities
  • Procedures
  • Questions & answers
17:15 - 17:55 40 mins
Info
Main Conference
Risks and Insurance Provisions Under FIDIC
  • Nael Bunni - Special Adviser, FIDIC CONTRACTS COMMITTEE

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.

17:55 - 18:35 40 mins
Info
Main Conference
Making the Most of The FIDIC Suite of Agreements
  • Dr Sebastian Hök - Adjudicator, FIDIC PRESIDENT’S LIST
  • Mahmoud Abu Hussein - Procurement & Contracts Manager, DOLPHIN ENERGY

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


18:35 - 18:40 5 mins
Close of Day 1 and Networking Reception