Course Info
Code IND04-120
Duration 5 Days
Format Classroom
Course Summary
FIDIC, the International Federation of Consulting Engineers, has established a set of widely used standard forms of contracts for the construction industry, known as FIDIC contracts. These contracts provide a comprehensive framework for the management and execution of construction projects, outlining the rights and obligations of the various parties involved, including the employer, contractor, and engineer.
FIDIC contract management involves a structured approach to overseeing the contract's implementation, ensuring that all parties adhere to the agreed-upon terms and conditions. It encompasses aspects such as project documentation, dispute resolution mechanisms, risk allocation, and financial management.
Effective FIDIC contract management requires a thorough understanding of the contract provisions, proactive communication among stakeholders, and the ability to navigate potential challenges that may arise during the project lifecycle. Professionals involved in FIDIC contract management play a crucial role in ensuring the successful and equitable execution of construction projects globally.
During this course, you’ll learn:
- To select the most appropriate FIDIC contract form tailored to each project's requirements.
- To employ FIDIC's principles, mechanisms, and industry best practices in both contract and project management.
- To illustrate the employer's and contractor's responsibilities, obligations, and entitlements as outlined by FIDIC.
- To enumerate the diverse roles, duties, and responsibilities of the engineer in connection with FIDIC contracts.
- To use the designated payment, claims, and dispute resolution mechanisms specified within FIDIC contracts.
This course is designed for anyone responsible for writing or approving FIDIC contracts involving large-scale construction. It would be most beneficial for:
- Engineers
- Project Managers
- Quantity Surveyors
- Construction Managers
- Construction Operational Management
- Risk Assessors
This course uses a variety of adult learning styles to aid full understanding and comprehension. Participants will review various contract templates to understand the most efficient and effective contracts to cover all requirements.
They will take part in several practical exercises to review contracts and clauses and plan the best ways to perform projects based on the contract terms. They will also watch informative videos to understand what can happen, should a contractual relationship break down and the most appropriate ways to handle this.
Course Content & Outline
Section 1
Understanding the Types of Construction Contracts
- NEC, FIDIC, ICC, ACE AND JCT contracts.
- Lump sum contracts.
- Cost-plus contracts.
- Time and material contracts.
- Unit price contracts.
- Design and build contracts.
- Construction management contracts.
- Turnkey contracts.
- Framework agreements.
- Partnering contracts.
- Common contract terms and clauses.
Section 2
Contract Documentation
- Contract drawings and specifications.
- Bill of quantities (BoQ).
- Conditions of contract.
- Pre-contract and post-contract documentation.
- Change orders and variations.
- Request for Information (RFI) processes.
- Project schedules and timelines.
- Quality assurance and inspection documents.
- Certificates and payment documentation.
- As-built drawings and record-keeping.
- Digital documentation and Building Information Modelling (BIM) in construction contracts.
Section 3
Your Responsibilities
- Project planning and scheduling.
- Budgeting and financial management.
- Risk identification and mitigation strategies.
- Communication and stakeholder management.
- Procurement and subcontractor management.
- Quality control and assurance.
- Health and safety compliance.
- Contract administration and documentation.
- Conflict resolution and dispute management.
- Monitoring progress and performance metrics.
Section 4
Completion Testing
- Testing methodologies and standards.
- Quality control and assurance in completion testing.
- Performance testing for various building systems.
- Health and safety considerations during testing.
- Documentation and reporting in completion testing.
- Coordination with contractors and subcontractors.
- Defect identification and rectification processes.
- Compliance with regulatory standards and codes.
Section 5
Financial Clauses & Procedures
- Cost control and monitoring mechanisms.
- Variations and change order pricing.
- Escalation clauses in long-term contracts.
- Bonds, guarantees, and insurance in financial clauses.
- Audit procedures and financial transparency.
- Dispute resolution related to financial matters.
- Compliance with accounting standards.
- Cash flow management in construction projects.
- Financial risk assessment and mitigation strategies.
Section 6
Suspension & Termination of Contracts
- Legal considerations and statutory provisions.
- Grounds for suspension and termination.
- Notice requirements and timelines.
- Remedies and consequences for breach.
- Suspension and termination procedures.
- Contractor's rights and obligations.
- Client's rights and obligations.
- Termination for convenience clauses.
- Force majeure and unforeseen circumstances.
- Dispute resolution in suspended or terminated contracts.
- Contractual implications on payment and liabilities.
Section 7
Claims & Disputes - Informally & Legally
- Legal considerations in construction claims.
- Dispute resolution clauses in contracts.
- Mediation as an alternative dispute resolution method.
- Arbitration procedures and principles.
- Litigation in construction disputes.
- Expert determination in complex claims.
- Case studies on successful dispute resolutions.
- Cost implications of claims and disputes.
- Managing relationships during and after disputes.
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