Course Description
It is accepted that as the number and size of construction projects increase, so
does the number of claims and more often than not their size. This is a
feature, which also relates to Counterclaims. Whilst such claims and
counterclaims cannot be totally avoided, they can be successfully dealt with if
they are predicted and if proper and careful planning, preparation and control
is exercised.
It is also true that many of these claims and counterclaims end in bitter
disputes that are fought the whole way to arbitration. On the road to
arbitration, the parties are expected to deal with the multi-tier dispute
resolution mechanisms now available. The Dispute Resolution process can be
extremely expensive and time consuming.
This program forms one of our carefully chosen and researched programs for the
construction industry. It is especially designed towards the Middle East and
provides specialist knowledge not only in the area of claims and counterclaims,
but also in the area of Dispute Resolution: how they arise; how they are
initiated; submitted, calculated and analyzed; how they can be properly and
successfully dealt with and controlled; and finally how they can be avoided.
The program also includes sessions on Amicable Dispute Resolution methods and
their characteristics, advantages and disadvantages.
Course Objective
In particular, the program is
presented by an internationally acknowledged authority on the subject who will
discuss such detailed topics as:
·
How
to draft claims and counterclaims and how to assess them successfully.
·
The
most commonly occurring disputes and how they can be avoided
·
The
relationship between risks, events, notices, and claims.
·
The
recent developments in claim avoidance
The program includes practical
examples on claims and their formulation in the form of workshops at the end of
each of the five days of the program.
Who Should attend?
The following audience will obtain maximum benefit from attending this
event: Contractors, Sub-Contractors, Architects,
Quantity Surveyors, Civil Engineers, Financiers, Lawyers, Legal Advisors,
Project Managers, Design Consultants, Loss Adjusters, Registered Arbitrators
and Insurance Consultants.
Course Outline
Day1
1.
Essential
Principles of a Contract
§ Definitions
§ Pre-requisites of a contract
§ Legal concepts
§ Rights & Obligations
2.
Distinguishing
Features of the Construction Contract
§ Why are Construction Contracts unique
§ Multiplicity of technical & legal areas covered
§ The concepts which must be taken care of
§ Risk Allocation
3.
The
Array of Construction Contracts
§ Services contract
§ Construction Contract
§ Subcontracts
§ Supply Contracts
§ Joint Ventures
§ BT, BOT, BOOT, etc. Contracts
4.
Standard
Forms of Contract Used Internationally
§ The FIDIC Forms of Contract: The White; The 4th Edition of
the Red Book; The 3rd Edition of the Yellow Book; The Orange Book; The New Red
Book, 1999; The New Yellow Book, 1999; The Silver Book, 1999; The Green Book,
1999; and Dredging Contract
§ Variation based on FIDIC
§ The World Bank Forms of Contract: Services; Works; Small
Works; Goods; and Plant & Equipment
§ Financing Agencies Forms
5.
Standard
Forms of Contract Used Internationally - continued
§ Variation based on FIDIC
§ The World Bank Forms of Contract: Services; Works; Small
Works; Goods; and Plant & Equipment
§ Financing Agencies Forms
Day
2
6.
Criteria
for Selection of the appropriate Contract Conditions
§ The Functions to be Performed
§ The Risks to be Allocated
§ The Method of Remuneration
§ Management Roles
7.
The
Role of the Engineer in Construction Contracts
§ As a Designer
§ As a Supervisor
§ As an Agent of the Employer
§ As an Adjudicator
§ As an Adviser in Dispute Settlement Procedures
§ What is the Engineer’s role under the various FIDIC Forms
8.
Recent
Developments in Alternatives to the Engineer
§ The Contractor as a designer
§ The Employer’s Representative
§ In Dispute Resolution Mechanisms
§ Dispute Review Boards
§ Dispute Adjudication Boards
9.
Essentials
of FIDIC’s Red and Yellow Book Contracts
§ FIDIC‘s Red Book 4th Edition 1987, as amended in 1992
§ FIDIC‘s Yellow Book 3rd Edition 1987, as amended in 1988
10.
Changes
in Form and in Substance from the Old to the New Forms
§ FIDIC‘s New Red Book 1st Edition, 1999
§ FIDIC‘s New Yellow Book 1st Edition, 1999
§ EPC Turnkey Contracts, FIDIC‘s Silver Book 1st Edition, 1999
§ Small Contracts, FIDIC‘s Green Book 1st Edition, 1999
Day
3
11.
Workshop
No.1
12.
Analysis
of Workshop No.1
13.
The
Design Function and its variations under the various Forms
§ The design function under FIDIC‘s Old and New Red Books
§ The design function under FIDIC‘s Old and New Yellow Books
§ The design function under FIDIC‘s Silver Book
§ The design function under Small Contracts, FIDIC‘s Green
Book
14.
Claims
Procedures and its variations under the different Forms
§ The Claims procedure under FIDIC‘s Old Red Book
§ The Claims procedure under FIDIC‘s Old Yellow Book
§ The Claims procedure under FIDIC‘s New Suite of Contracts
§ Contractor’s Claims –v- Employer’s Claims
§ Time limits barring claims
15.
Workshop
No. 2
16.
Analysis
of Workshop No. 2
Day 4
17.
The
progression from Claim to Dispute & Dispute Resolution Mechanisms
§ Dispute Resolution Mechanisms under FIDIC‘s Old Red Book
§ Dispute Resolution Mechanisms under FIDIC‘s Old Yellow Book
§ Dispute Resolution Mechanisms under FIDIC‘s New Suite of
Contracts
§ The Differences between the Old and the New Forms
§ Time limits
18.
Alternative
& Amicable Dispute Resolution
§ (A)micable, (A)ffordable, (A)ppropriate and (A)lternative
§ Negotiation
§ Conciliation/Mediation
§ Mini Trials
§ Rent a Judge
§ ICC Pre-arbitral Referee procedure
19.
Dispute
Boards
§ Dispute Review Boards
§ Dispute Adjudication Boards
§ The Rules
§ The Agreements
§ Standing and Adhoc
§ Function in formal and informal dispute resolution
20.
Workshop
No. 3
21.
Analysis
of Workshop No. 3
Day 5
22.
ADR
–v- Arbitration
§ Advantages and Disadvantages
§ Where to use each and where not to do so
§ Time, cost and finality
23.
Arbitration
§ Features
§ Arbitration under the FIDIC Contracts
§ The Law of Arbitration and the Rules of Arbitration
§ Institutional and ADHOC
§ Domestic and International
24.
The
various stages in an arbitration
§ The Appointment of arbitrators
§ The Preliminary Meeting
§ Procedural and substantive matters
§ Evidence
§ Expertise
§ The Hearing
§ After the Hearing
§ The Award
