The Ultimate FIDIC Clauses

Course overview

A contract that is legally enforceable under general contract law is established when a party offers to provide goods and/or services in exchange for a specific consideration and the party receiving the offer accepts the offer.

In the building sector, a contractor makes the offer and offers to do the construction work in exchange for a fixed payment. If the customer accepts the offer, a bid contract is created.

More attention should be used while choosing and drafting the Contract since the construction business is more complicated and has a higher likelihood of misunderstandings and conflicts. As a result, numerous international organizations publish the standard conditions of contract, and FIDIC are one of them and is frequently used in building projects.

It is desirable to use a standard form of contract since it is easier for business professionals to use, is known to them, and can typically be interpreted using easily available resources.

The participants will receive comprehensive education/training from this course on how to deal with contracts that are created utilizing the FIDIC terms of the contract. It is crucial for all developers, contractors, and consultants to teach their staff on the contractual terms and their application throughout the construction phase in order to reduce the risks associated with the contractual duties.

This module was created by Training Bee to make it simpler to grasp each stage of contracting, from project conception and feasibility analyses through project completion.

Introduction

FIDIC contracts are essential for establishing a standardized framework for efficient project management and collaboration in the dynamic world of infrastructure development and construction. This thorough course is intended to provide you the information and proficiency to understand the complexities of FIDIC contracts, enabling you to succeed in the construction sector.

The International Federation of Consulting Engineers, or FIDIC, has created a set of contracts that are frequently used in a variety of construction projects across the world. Understanding FIDIC contracts is essential for success whether you work as a project manager, engineer, consultant, contractor, or any other professional in the construction industry.

Participants will examine the fundamental ideas, crucial clauses, and real-world applications of FIDIC contracts during this course. You will learn more about how risk is distributed, how disputes are resolved, how payments are made, and who is responsible for what under FIDIC contracts.

We are The Training Bee, a global training and education firm providing services in many countries. We are specialized in capacity building and talent development solutions for individuals and organizations, with our highly customized programs and training sessions.

Learning Objectives

Upon completing The Ultimate FIDIC Clauses, participants will be able to:

• Improve your comprehension of the FIDIC contracts’ contractual provisions.
• Develop their ability to design contracts (especially when it comes to changing the specific conditions).
• Recognize the various FIDIC contract types and be able to choose the best FIDIC contract for the projects.
• Learn about your rights in case there are any disagreements over the project.
• Apply the contract’s terms to dealing with modifications, claims, and payments effectively, and be able to inform the engineer in accordance with the agreement.
• Interpretation and comparison of the clauses in customized and standard forms of contracts
• Recognize the significance of the project’s insurance, bond, and guarantee needs.
• Recognize the clauses in contracts relating to disputes, claims, and arbitration

Our Unique Training Methodology

This interactive course comprises the following training methods:

• Journaling – This consists of setting a timer and letting your thoughts flow, unedited and unscripted recording events, ideas, and thoughts over a while, related to the topic.
• Social learning – Information and expertise exchanged amongst peers via computer-based technologies and interactive conversations including Blogging, instant messaging, and forums for debate in groups.
• Project-based learning
• Mind mapping and brainstorming – A session will be carried out between participants to uncover unique ideas, thoughts, and opinions having a quality discussion.
• Interactive sessions – The course will use informative lectures to introduce key concepts and theories related to the topic.
• Presentations – Participants will be presented with multimedia tools such as videos and graphics to enhance learning. These will be delivered engagingly and interactively.

Training Medium

This The Ultimate FIDIC Clauses training is designed in a way that it can be delivered face-to-face and virtually.

Course Duration

This training is versatile in its delivery. The training can be delivered as a full-fledged 40-hour training program or a 15- hours crash course covering 5 hours of content each day over 3 days

Pre-course Assessment

Before you enroll in this course all we wanted to know is your exact mindset and your way of thinking.
For that, we have designed this questionnaire attached below.

• What is FIDIC stand for, and what do FIDIC contracts serve as their main function?
• Briefly describe the major characteristics that set FIDIC contracts apart from other common contract types.
• What key elements are usually present in a FIDIC contract document?
• Describe the obligations of the parties to a FIDIC contract (such as the Employer, Contractor, and Engineer).
• How do the various FIDIC contract types address the various project scenarios?
• Describe the “Engineer” concept used in FIDIC contracts and the function they play throughout project implementation.
• How do FIDIC’s contract clauses handle modifications, claims, and dispute resolution?

Course Modules

This The Ultimate FIDIC Clause covers the following topics for understanding the essentials of the Agile Workplace:

Module 1 – Overview of FIDIC

• How do contracts work?
• Standard Contract Forms vs. Custom Contracts
• FIDIC: What is it?
• Different FIDIC form types and proper form selection
• Introduction to the FIDIC Clauses

Module 2 – General Provisions and Parties’ Obligations

• Interpretation and Definition
• Rank in Documents
• Employer’s Obligations
• Duties of the contractor
• Duties of engineers

Module 3 – Important Contractual Clauses – 1

• Beginning and Finishing Program
• Damages for Delay
• Putting a Stop to Work

Module 4 – Important Contractual Clauses – 2

• Evaluation and Measuring
• Adjustments and variations
• Payments in Advance and Interim
• Certificates for Final Payments

Module 5 – Important Contractual Provisions – 3

• Tacking Over of Works
• Defects Liability
• Termination
• Frustration
• Force Majeure

Module 6 – Important Contractual Provisions – 4

• Insurance Threats
• Exclusions from Liability Insurance
• Indemnities and Sureties

Module 7 – Important Contractual Provisions – 5

• Subcontractors proposed.
• Provisions for payments to Nominated Subcontractors.
• Personnel and labor.
• Workmanship, Material, and Plant.

Module 8 – Arbitration, Disputes, and Claims

• Claims Management
• Dispute Adjudication Board
• Procedure and decisions of DAB
• Amicable Settlement
• Arbitration

Module 9 – Specific Terms and Appendices

• Terms of Specific Applications
• Indemnities and Sureties
• Tender Contract Agreement with Letter of Tender Attachment

Post-course Assessment

Participants need to complete an assessment post-course completion so our mentors will get to know their understanding of the course. A mentor will also have interrogative conversations with participants and provide valuable feedback.

• What does FIDIC stand for, and how does it help the construction sector adopt standardized contracting procedures?
• Describe the major elements of a typical FIDIC contract agreement and the importance of each to the success of the project.
• Describe the obligations of the Employer, Contractor, and Engineer as well as the other parties to a FIDIC contract.
• The main characteristics of the “Red Book,” “Yellow Book,” and “Silver Book” FIDIC contract types are compared and contrasted, along with an illustration of the kind of project each is appropriate for.
• The significance of risk distribution in FIDIC contracts and how it impacts project results and obligations should be discussed.
• How do FIDIC’s contract clauses handle modifications, claims, and dispute resolution? Give instances of scenarios in which these provisions could be used.

Lessons Learned

Clarity and Standardization: FIDIC contracts give a standardized framework that ensures uniformity and clarity in contracts for building projects. Understanding the elements and clauses of FIDIC contracts guarantees that everyone involved is aware of their respective roles, duties, and obligations.

Risk Management and distribution: FIDIC contracts place a strong emphasis on the value of fair risk distribution among project stakeholders. Parties may better manage and prevent possible problems by properly identifying and assigning risks, which will result in a smoother project execution and fewer disagreements.

Effective Dispute Resolution: FIDIC contracts offer precise dispute resolution procedures that, if feasible, give preference to amicable resolution. Participants gain knowledge of the value of open communication and documentation to address problems quickly and sustain good working relationships between parties.