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Legal and Contracts Management
Advance FIDIC Contracts Management
Overview:
Introduction:
This training program offers participants an in-depth understanding of the FIDIC suite of contracts and their practical applications. It empowers them to enhance their contract management capabilities and drive project success.
Program Objectives:
At the end of this program, participants will be able to:
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Understand the principles and structure of FIDIC contracts.
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Learn practical applications and management of FIDIC contract provisions.
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Develop skills to handle variations, claims, and disputes under FIDIC contracts.
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Gain insights into the roles and responsibilities of parties in FIDIC contracts.
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Enhance strategies for risk management and dispute resolution in FIDIC contracts.
Targeted Audience:
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Project Managers.
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Contract Administrators.
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Legal Professionals.
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Construction Managers.
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Engineers.
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Procurement Specialists.
Program Outline:
Unit 1:
Introduction to FIDIC Contracts:
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Overview of the FIDIC suite of contracts (Red Book, Yellow Book, Silver Book).
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Key principles and structure of FIDIC contracts.
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Differences and similarities between various FIDIC contracts.
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Importance of FIDIC contracts in international construction projects.
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Case studies on the application of FIDIC contracts in real-world projects.
Unit 2:
Contract Formation and Interpretation:
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Formation of FIDIC contracts and essential elements.
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Interpretation of key FIDIC contract clauses.
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Role and responsibilities of the Engineer under FIDIC contracts.
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Contract administration and documentation requirements.
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Practical exercises on contract interpretation and application.
Unit 3:
Managing Variations under FIDIC Contracts:
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Identification and management of variations in FIDIC contracts.
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Procedures for initiating and approving variations.
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Impact of variations on project cost and schedule.
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Best practices for documenting and managing variations.
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Case studies on handling variations in FIDIC contracts.
Unit 4:
Claims and Disputes in FIDIC Contracts:
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Overview of claims and disputes in FIDIC contracts.
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Procedures for submitting and assessing claims.
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Role of the Engineer and Dispute Adjudication Board (DAB) in resolving disputes.
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Techniques for effective claim preparation and negotiation.
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Case studies on claims and dispute resolution under FIDIC contracts.
Unit 5:
Risk Management in FIDIC Contracts:
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Identification and assessment of risks in FIDIC contracts.
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Risk allocation and management strategies.
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Role of insurance in risk management.
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Implementing risk management plans in FIDIC projects.
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Discussions on risk management scenarios.
Unit 6:
Performance Security and Guarantees:
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Types of performance security and guarantees in FIDIC contracts.
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Procedures for calling and releasing performance security.
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Legal and practical considerations in managing guarantees.
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Best practices for ensuring compliance with performance security requirements.
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Case studies on performance security issues in FIDIC contracts.
Unit 7:
Payment and Financial Management:
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Payment procedures and requirements under FIDIC contracts.
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Management of advance payments, interim payments, and final payments.
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Financial control and monitoring in FIDIC projects.
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Handling delays and disputes related to payments.
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Practical exercises on payment management and financial control.
Unit 8:
Time Management and Delays:
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Time-related provisions in FIDIC contracts.
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Procedures for managing project schedules and delays.
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Extensions of time and liquidated damages.
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Techniques for mitigating and resolving delay-related issues.
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Case studies on time management in FIDIC contracts.
Unit 9:
Contract Closeout and Handover:
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Procedures for contract closeout and project handover.
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Documentation and administrative requirements for closeout.
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Handling defects liability and warranty periods.
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Best practices for ensuring a smooth project closeout.
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Discussions on contract closeout challenges and solutions.
Unit 10:
Advanced Dispute Resolution Techniques:
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Overview of advanced dispute resolution methods in FIDIC contracts.
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Role of arbitration and alternative dispute resolution (ADR) techniques.
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Preparing for arbitration proceedings.
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Techniques for achieving amicable settlements.
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Case studies on successful dispute resolution in FIDIC projects.