This 2 day workshop sheds light on two particular areas of concern for users of the FIDIC contracts: Claims and Subcontracting. The workshop is intended for both delegates who already have some knowledge of the contracts, and new users. Those familiar with the contracts will gain additional insight and specialist understanding of claims and subcontracting. New users will get a thorough understanding of these two important topics.
Whether you have attended FIDIC training in the past or
not, this workshop promises to provide new, comprehensive, detailed and in-depth knowledge.
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FIDIC Special Topics:
Claims and Subcontracting
Key Learning Outcomes
This workshop aims to provide an in-depth, specialist
understanding of the two key areas of claims and subcontracting,
under the FIDIC contracts.
• Understanding of when and how claims are brought under
FIDIC
• Knowledge to quantify claims for additional time, including
the role of the programme in quantifying time claims
• Evaluating and defending concurrent claims
• Avoiding delay and disruption claims
• Learning about key provisions in the FIDIC subcontract
• Passing risk down to subcontractors
• Taking over of subcontract works
• Making direct payment to subcontractors
• Liquidated damages and subcontractors
• Handling delay by (nominated) subcontractors
Who Should Attend
• Project Owners/Employers
• Contractors and Equipment/Material Suppliers
• Contract Administrators and Quantity
• Surveyors
• Engineers and Architects
• Multilateral development banks and funding
agencies supporting infrastructure projects
• Legal Advisers
• Insurers
• Government Ministries and Agencies
• Contract Managers / Project Managers /
Commercial Directors in any business and
industry using FIDIC contracts
Course Director
Giovanna Fenster has provided training on FIDIC
in Africa, the Pacific, and Australasia. She has
presented hundreds of workshops to thousands
of construction delegates over the last 15 years.
13 - 14 November 2014 | M Hotel, Singapore
“The speaker is very fluent in making clear
explanation. The schedule is maintained well.
The substance is very usable to implement to our
daily work/cases”
~ PT Mass Rapid Transit (MRT) Jakarta
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To talk through the many options available please call our
training specialist: Miki Kong
+65 6508 2477 onsite.training@ibcasia.com.sg
Want to send the whole team? Why not consider one of our On-site
packages and save up to 40%! No matter where you are based in the region
let IBC Asia bring our extensive faculty of internationally recognised
trainers directly to your door. Choose from any one of our 130+ public
training courses and we will ensure a customised fit for your organisation.
Either sign up for an existing course, which we would be more than happy
to alter to meet your needs, or take our Tailor-Made option and let us build
a course perfect for ensuring the delivery of your company’s goals. (8
attendees or more)
IBC Training Academy
IBC Training Academy is the Asian training division of IBC Asia, part of the
Informa Group and a public listed company in the UK. Informa’s main
business is in the specialist information providing for global markets. We
operate in 70 countries, 150 offices worldwide with over 7000 employees.
We have over 25 years experience in providing innovative, focused and
high quality business information and training products designed to help
you improve the way your business is managed.
About the Course
This 2 day workshop sheds light on two particular areas
of concern for users of the FIDIC contracts: Claims and
Subcontracting. The workshop is intended for both delegates
who already have some knowledge of the contracts, and
new users. Those familiar with the contracts will gain
additional insight and specialist understanding of claims and
subcontracting. New users will get a thorough understanding
of these two important topics.
Whether you have attended FIDIC training in the past or
not, this workshop promises to provide new, comprehensive,
detailed and in-depth knowledge.
Hands on, interactive presentation
This workshop is designed around case studies and practical
examples. Delegates are encouraged to discuss matters, raise
questions with the presenter and work out practical solutions
to practical problems. Through a combination of lectures,
discussion and hands on problem solving, this workshop will
provide a thorough, comprehensive understanding of the
FIDIC documents at work.
Delegates will be provided with a comprehensive set of
notes that includes case studies, slides and course notes.
Delegates are encouraged to bring their own copies of the
FIDIC contracts.
REGISTER TODAY! +65 6508 2401 register@ibcasia.com.sg www.ibc-asia.com/FIDICspecialtopics
What past delegates
liked about this course
“The trainer is expert in her skills. Many cases
were discussed”
~ Genting Oil Kasuri
“Learned a lot from it. It adds knowledge in
my work as lawyer and I learned conditions
in the FIDIC contracts that may be applied in
new contracts”
~ National Grid Corporation of the
Philippines (NGCP)
“Good trainer. Theoretical subject well
supported by practical examples and cases”
~ Delta Marine Consultants Singapore
“Fruitful information. It is a course on the
practical application of FIDIC contracts”
~ BANI Arbitration Center
About the Course Director
Giovanna Fenster has a BA, LLB degree from Wits
and an LLM (cum laude) from RAU. She also has
a second LLM in advanced contract law from
Wits and an MA from the Victoria University,
Wellington. She has completed the Association of
Arbitrators’ specialization in construction law and
the Higher Diploma in Arbitration and was tutor
for the Association’s well respected courses. Gigi
has taught law for more than twenty years and
has written training courses, manuals and seminar
notes for the construction and other industries.
She has lectured law both to lay people and law
students and has conducted numerous training
seminars for the construction industry. She
provides ongoing consulting services to private
firms and government.
Gigi has a particular interest in standard
construction contracts, and the FIDIC Contracts
in particular. She has provided training on FIDIC
in Africa, the Pacific, and Australasia. She is
an associate member of the Arbitrators’ and
Mediators’ Institute New Zealand.
She has, for almost 15 years, been a lead
presenter in the Binnington, Copeland &
Associates Training courses for the construction
industry. In this capacity she has presented
hundreds of workshops to thousands of
construction delegates.
Gigi was a member of the first board of
the Construction Industry Development
Board. She represents BCA from her base in
Wellington, New Zealand.
FIDIC Special Topics: Claims and Subcontracting
3. COURSE OUTLINE
Course Registration: 8:30am
Course Commencement: 9:00am
Course Conclusion: 5:00pm
Explanation ofTimings: These times act as a guide and may be modified slightly depending
on the depth of class discussion and whether assessments are being conducted.
Course Programme: This program is a guide and may be altered to better address
participant requirements on a consensus basis.
Claims and Disputes under FIDIC
The success or failure of construction projects relies
to a great extent, on the number of claims and how far
reaching they are. Projects cannot be delivered on time,
within budget, or up to required standards unless claims
are properly managed by all parties. Whether you are a
contractor, consultant, owner or subcontractor, a proper
understanding of when one can claim, how claims are
brought, and how they are defended is essential. Because
claims always rely on the terms of the contract, users of
the FIDIC contracts need a thorough understanding of
how FIDIC deals with claims.
Session 1: Overview on claims
• What is a claim?
• Claims brought under the contract
• Claims brought outside of the contract
• Procedure for bringing claims – notices, notices
• Employer’s claims
Session 2: Claims for additional time
• Quantifying time claims
• The role of the programme
• Evaluating concurrent claims
• Delay and disruption claims
Session 3: Claims for additional money
• Claims for cost
• Claims for cost + reasonable profit
Session 4: Defence, avoidance and dispute resolution
• Defending claims
• Avoiding claims
• Are claims a bad thing?
• Dispute resolution under the FIDIC contracts
FIDIC Construction Subcontracting
In2010,FIDICpublishedasubcontractforusewiththeRedBook
Construction Contract. Currently, this is the only subcontract in
the FIDIC family of contracts. The FIDIC subcontract has many
interesting features (such as the passing down of risk) which
make it essential that users fully understand all of its provisions.
Since subcontractors are an integral part of the construction
process, it is not only the main contractor and the subcontractor
who need an understanding of their contract. Owners and
consultants have an interest in the successful completion of the
subcontract works and should, therefore, be familiar with the
subcontract.
Session 1: Introduction to the FIDIC Subcontract
• Where does the subcontract fit in with the FIDIC family?
• The principal agreement and subcontracting
• Appointing the subcontractor under FIDIC
• Different types of subcontract
• Nominated subcontractors under FIDIC
Session 2: Subcontractors and risk
• FIDIC provisions which pass down risk
• Transferring rights to the owner
• Liquidated damages and subcontractors
• Delay by (nominated) subcontractors
Session 3: Taking over
• Taking over the subcontract works: risks for the
subcontractor
• Pay when paid clauses
• Direct payment to subcontractors
Session 4: Subcontracting in the Design Build and EPC
Environment:
• Design by subcontractors
• Owner involvement in the appointment of subcontractors
• Subcontracting vs joint ventures
• What subcontract to use in EPC, Design Build environment.
REGISTER TODAY! +65 6508 2401 register@ibcasia.com.sg www.ibc-asia.com/FIDICspecialtopics
IBC Training Academy Upcoming Training Courses!
EPC Contracts – Negotiation,
Administration and Risk Management
22 – 23 September 2014, Indonesia
Practical Contract Law
24 - 25 September 2014, Singapore
Technical Report Writing
25 - 26 September 2014, Singapore
Fundamentals of Real Estate Investment,
Development and Management
5 – 6 November 2014, Singapore
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CANCELLATIONS / SUBSTITUTION
Should you be unable to attend, a substitute delegate is welcome
at no extra charge. Cancellations must be received in writing at
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IMPORTANT NOTE
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Please fax your payment details (copy of remittance advice, cheque
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Attendance will only be permitted upon receipt of full payment.
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Tel: +65 6508 2400 Fax: +65 6508 2408
Yes! I/We Will Attend FIDIC Special Topics: Claims and Subcontracting
13 - 14 November 2014 | M Hotel, Singapore
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Customer Service Hotline
+65 6508 2401
Fax
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Web
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MAIL the attached registration
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Services
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238164
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M Hotel
81 Anson Road, Singapore 079908
Tel: +65 6500 6202 / +65 9339 3854
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Email: adrian.wong@millenniumhotels.com
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• Special Group Discount pricing is applicable to groups of 3 or more delegates from the same organisation registering for the same event, at the same time.
Fee stated is the discounted price PER DELEGATE. Only one discount applies - either the early bird rate OR Special Group Discount.
• All fees stated include luncheons, refreshments and complete set of documentation. It does not include the cost of accommodation and travel.
• A 7% Goods & Services Tax (GST) is applicable to all Singapore based companies for Singapore venue.
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FIDIC Special Topics: Claims and Subcontracting