Course C2 · 3 days
Management of Claims and the Resolution of Disputes under FIDIC 2017 Contracts
Notices, quantum, delay analysis and the route through the DAAB to arbitration — with case studies and a mock adjudication.
- 12Taught sessions
- 3 daysDuration
- Clauses 20–21, DAAB procedureCoverage
Overview
Contracts covered
- Red Book
- Yellow Book
- Silver Book
Who it is for
Contract administrators, quantity surveyors, project managers
This practical training course, delivered by Malith Mendis, FIDIC accredited Trainer, gives practical advice to those working with the FIDIC Conditions of Contract on the management of claims — understanding them, defending them, and reaching resolution. It covers delay analysis, analysis for extra payment, an introduction to the Delay and Disruption Protocol, and the workings of the Dispute Adjudication Board and arbitration.
The course works through the FIDIC 2017 contracts as reprinted in 2022 with amendments, and closes with case studies and a mock adjudication.
Syllabus
What the day blocks cover.
Clause references are to the conditions of contract the course works through.
Day 1Claims from both sides
The role of the Engineer
Contractor’s claims
- —Claims: causes and risks
- —Contractual basis
- —Procedural aspects — notices of claim, drafting tips, workshop exercise on notices
- Sub-Clause 20.2Procedural aspects — worked example of a Contractor’s claim
- —Quantum — claims for delay and delay analysis
- —Quantum — mitigation and acceleration
- —Quantum — claims for additional payment, analysis and work exercise
- —The Delay and Disruption Protocol — core principles
Employer’s claims
- —Procedural aspects
- —Delay damages and other claims
- —Worked example of an Employer’s notice
- —Costs arising from termination of the Contract
- —Costs arising from defective work
- —Prolongation of the Defects Notification Period
Day 2From claim to dispute board
Processing of claims and the resolution of disputes
- —Processing the Contractor’s claims
- —Processing the Employer’s claims
Types of dispute adjudication board and DAAB principles
- —What is alternative dispute resolution? Types of DAAB
- —Dispute boards in the FIDIC construction contracts
- —Background to dispute resolution in contracts
The Dispute Avoidance and Adjudication Board in operation
- —Nomination of the DAAB
- —Qualifications and selection of members
- —Cost of, and payments to, the DAAB on appointment
- —Failure to agree
- —Standing DAAB responsibilities
- —Referral to the DAAB
- —Presentation of evidence to the DAAB
- —The DAAB’s decision
- —The dispute avoidance role
After the decision
- —Implementation
- —Enforcement
- —Amicable settlement
Day 3Arbitration, case studies, mock adjudication
Statutory adjudication
The Dispute Resolution Board Foundation
The success and future of dispute boards
Arbitration
- —International arbitration
- —Types of arbitration
- —Arbitration under multilateral development bank conditions
Case studies and mock adjudication
Also from Maaroc
Other courses in the programme.
C3 · 3 days
Procedure and Practice of Dispute Avoidance and Adjudication Boards
How to conduct a DAAB — for parties, their representatives, Engineers and board members, with work exercises and mock hearings.
DAAB constitution and procedureSyllabus
C4 · 3 days
FIDIC Contracts Management and Administration
An advanced course on running a FIDIC contract in practice: notices, instructions, determinations, valuation, programme, taking over and defects.
Administration across the contractSyllabusRun this course for your team.
Every course can be delivered in-house, at your offices or ours, and tailored to the contracts your projects actually use. Tell us the project and the audience.