Claim and Disputes under FIDIC Contracts

This Claim and Disputes under FIDIC Contracts training course is handling the critical subject of claims and disputes causing, Extension of Time (EOT), delays, cost overruns and harm to business relation between contract parties. It will emphasizes the increasing importance of understanding how to avoid claims and disputes during the implementation of contracts in general, and for the case of FIDIC contract conditions in particular.

This training course will guide the participant, with practical case studies, on how to deal with claims and disputes from contracting drafting, agreement and during its execution.

This GLOMACS training course will highlight:

• FIDIC contract concepts and the selection of the appropriate type
• Main FIDIC clauses that could be source of contractual claims
• Main techniques used to disputes resolution such as negotiation, mediation, adjudication and arbitration
• Main FIDIC clauses related to EOT Claims and other Claims as well claims for duty in tort under civil law
• Disputes Avoidance and Adjudication Boards (DAAB) and Arbitration (Local and International)

At the end of this Claim and Disputes under FIDIC Contracts training course, you will learn to:

• Understand and select the appropriate form of FIDIC Contracts
• Avoid or reduce the reasons causes for potential claims and disputes
• Manage changes and claims in FIDIC contracts
• Learn how FIDIC applies determination, disputes boards and arbitration to resolve disputes
• Understand the issues facing the application of FIDIC conditions under Civil Law
• Understand the difference between local arbitration laws in the ME and international arbitration

This training course will utilise a variety of proven adult learning techniques to ensure maximum understanding, comprehension and retention of the information presented. This includes:

• Step by Step review of the claims and disputes clauses in FIDIC conditions of contracts
• Facilitation by tackling issues faced by participants in managing their claims
• Use of practical local and international case studies to reinforce learning
• Practice the “how-to” of customizing FIDIC contracts to local legalization requirement

 By attending this Claim and Disputes under FIDIC Contracts training course, your organization will benefit from:

• Reducing the exposure to claims and disputes by applying international best practices
• Improving business relation with other organizations by using a balanced contract form
• Customizing your contract forms based on FIDIC contracts according to your needs
• Saving precious executive time used in handling claims and disputes
• Creating your own procedure to effectively manage claims and disputes

By attending this training course, you will benefit from:

• Increasing your awareness of legal and contractual issues
• Understanding your roles in executing FIDIC Contracts (as Employer, Contractor or  Engineer)
• Professionalism in drafting contract conditions to mitigate risks and reduce claims
• Professionalism in preparing and presenting claims
• Building a career in claims and disputes management  
• Improving business relation with your counterparts in executing contracts

This Claim and Disputes under FIDIC Contracts training course is intended for individuals engaged in planning, formulation, and execution of contracts in EPC, Oil and Gas, industrial construction, government contracts including but not limited to:

• Project Managers and project team members
• Project commercial managers, cost mangers, and project control
• Purchasing and supply chain mangers and staff members
• Contract department directors, managers and teams
• Senior and middle managers

DAY 1

FIDIC Contracts and its Claims Procedures

• What are Claims and Disputes? Why avoid them?
• Introduction of FIDIC Forms of Contracts
• Introduction of Claims and some international case studies
• Claims Types and Classification
• Engineer’s Response and determination
• Employer Claims procedures
• Contractor Claims Procedures
• Sample claims faced in projects
  

DAY 2

Effective Preparation and Presentation of Claims

• Notices and Its Importance
• The Society of Construction Law (SCL) Delay and Disruption Protocol
• Prospective Delay Analysis Techniques
• Retrospective (Forensic) Delay Analysis Techniques
• Calculating prolongation costs, disruption costs and other costs
• How to select the appropriate analysis method?
• EOT (Extension of Time)
  

DAY 3

Preparing and Presenting a Claim

• The Essential Elements of a Successful Claim
• User-Friendlily claim writing
• Claim Substantiation and Additional Documents
• Leading the user into logical conclusion
• The impact of strong claim narrative
• A sample Claim Submission

DAY 4

Negotiation, Mediation and Disputes Avoidance and Adjudication Board (DAAB)

• What is Negotiation? Why Negotiate?
• The Negotiation Process, Strategies and Tactics
• What is Mediation? What are advantages?
• The Mediation Process and The mediator Role
• Forms of Adjudication: DB, DRB, DAB and DAAB
• Disputes Avoidance and Adjudication Board (DAAB) in FIDIC
• DAAB Agreement and Negotiation
  

DAY 5

Local and International Arbitration

• What is Arbitration?
• Arbitration Clause in FIDIC Contract Conditions
• Typical Arbitration Procedure
• Local Arbitration and Its Enforcement
• The New York Convention and the Investment Treaty  
• UNCETRAL Model Law on International Arbitration
• Famous International Arbitration Decisions

In Association With

Oxford Management Centre

A GLOMACS - Oxford Management Centre collaboration aimed at providing the best training services and benefits to our valued clients.

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All rights reserved. Any unauthorized copying, distribution, use, dissemination, downloading, storing (in any medium), transmission, reproduction or reliance in whole or any part of this course outline is prohibited and will constitute an infringement of copyright.

P.O. Box 74653, Dubai, United Arab Emirates
Tel : +971 - 04 - 425 0700, Fax : +971 (04) 425 0701, Email : info@glomacs.com