Individuals involved in construction or other large projects are often unclear as to the obligations of parties regarding claims and how to correctly perform these obligations. Unfortunately, if claims are not managed effectively, there is a probability that issues will escalate into costly and time-consuming disputes. A correct understanding and the proper management of claims can significantly improve the bottom line of construction projects whilst maintaining goodwill between the parties.
YOU WILL LEARN HOW TO
This course provides an in-depth examination of the FIDIC Red, Yellow, Silver and Gold books to provide a full understanding of the circumstances under which claims may be made, what may be claimed, the claim procedures and the requirements for engineers’ responses and determinations.
Participants will examine each clause within FIDIC contracts for the case of the employer’s, contractor’s and engineer’s personnel, and gain a clear understanding of what the parties must do to comply with the requirements. They will also learn how to prepare and respond to claims and resolve matters at the project level in a timely manner, whilst maintaining good relations with the other party.
IMPORTANT COURSE INFORMATION
FIDIC Modules :
Beginner level – no previous knowledge or practical experience in the use of FIDIC contracts
Intermediate level -2 to 3 years of experience on several FIDIC projects, with different roles (Engineer, Contractor, Employer) AND having attended the official accredited FIDIC Module 1
Advanced level – 5 or more years of experience on several FIDIC projects, with different roles (Engineer, Contractor, Employer), good experience in managing claims under FIDIC AND having attended the official accredited FIDIC Module 2
Course Outline
FIDIC terminology
FIDIC books
Red book
Yellow book
Silver book
Gold book
Books differences
Books usages
Definition of a claim
What may be claimed?
Risks within each form of contract
FIDIC terminology
FIDIC books
Red book
Yellow book
Silver book
Gold book
Books differences
Books usages
Definition of a claim
What may be claimed?
Risks within each form of contract
Module 2: Employer’s claims
Clauses that allow the employer to claim from the contractor
Procedures to follow
What may be claimed under different circumstances
Principles for making a claim
Module 3: Contractor’s claims
Clauses that provide entitlement to the contractor to make a claim
Procedures to follow
What may be claimed under different circumstances
Principles for making a claim
Module 4: Quantum
Definition
Calculating quantum
Extensions of time
Cost
Profit
Module 5: Notices
Requirements for various notices
What a notice should contain
How notices should be submitted
When notices should be submitted
Consequences of not giving notice
Module 6: Procedure and presentation of contractor’s claims
FIDIC procedure
FIDIC requirements for a claim submission
Presenting a claim professionally
Reaching resolution in a timely manner
Module 7: The engineer’s responses and determinations
The purpose of an engineer’s response
What should be included within the response
Procedure for dealing with claims
Meeting the engineer’s obligations
Avoiding disputes
Module 8: Disputes
Advantages of the dispute adjudication board
How should the board be appointed?
The elements of an effective board
Costs and cost savings
The arbitration process
Module 9: The perfect claim
Bringing it all together – How to compile and present a claim
Example of a claim document
