FIDIC Africa Contract Users Conference

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FIDIC Presents the 5th Official

FIDIC Africa
Contract Users’ Conference
The Essential Forum for
Engineering & Construction Law
Professionals to Successfully
Use the FIDIC Suite of Contracts,
Manage Major Projects and
Resolve Disputes

Main Conference: 5 & 6 November 2019


Pre-Conference Workshops: 4 November 2019
Post-Conference Workshops: 7 November 2019
Venue: Avani Victoria Falls Resort,
Livingstone, Zambia

25+ speakers, including:

Vincent Mwale Hiba Tahboub Yuzhang Xiong Aisha Nadar James Mwangi Bwalya Lumbwe Corine Orounla
MINISTRY OF THE WORLD BANK BEIJING FIDIC EXECUTIVE GAMA FIDIC NATIONAL MCA BÉNIN II
HOUSING AND CONSTRUCTION COMMITTEE LIST, ZAMBIA
INFRASTRUCTURE ENGINEERING GROUP
DEVELOPMENT

Supporting Partner Supporting Sponsors Workshop Sponsors Supporting Association

For the latest programme and to register please visit: https://law.knect365.com/fidic-africa-contracts


call: +44 (0) 20 3377 3279 or email: [email protected]
Main Conference: 5 & 6 November 2019
FIDIC Africa Pre-Conference Workshops: 4 November 2019
Post-Conference Workshops: 7 November 2019
Contract Users’ Conference Venue: Avani Victoria Falls Resort, Livingstone, Zambia

Day 1 - Main Conference - 5 November 2019

08:00 Opening Ceremony & Welcome from ACEZ


08:45 Registration & Coffee

09:00 Opening Remarks from GAMA and the Conference Chair


James Mwangi, President, GAMA
Aisha Nadar, Member, FIDIC BOARD
Aisha Nadar James Mwangi

09:10 Keynote Speech - Ministerial Opening Address



Vincent Mwale, Minister of Housing and Infrastructure Development,
MINISTRY OF HOUSING AND INFRASTRUCTURE DEVELOPMENT Vincent Mwale

What
09:35  the Contracts Committee is Currently Working on and Pipeline Including
Green Book Update
Siobhan Fahey, Member, FIDIC CONTRACTS COMMITTEE Siobhan Fahey

The
09:50  2017 FIDIC Contracts: Recap of the Most Important Changes and Brief
Discussion of Points Raised in Recently Published Articles and Commentary
The New FIDIC Suite of Contracts, officially launched in December 2017, has been received with great interest
by the global construction industry generating high levels of engagement and debate amongst users and
advisers alike. As Consulting Engineers, Employers, Contractors, and Construction Law professionals form a
view on the capabilities of the 2017 Suite, our panel of FIDIC experts and Contracts Committee members will
briefly remind delegates of the main changes introduced and the reasons why these were decided by FIDIC
to be necessary or an improvement, and proceed to briefly respond to some of the points raised in the many Aisha Nadar
articles and commentary on the new Suite, thus continuing the dialog started two years ago. This session will
help set the scene for the morning sessions addressing the way in which the new Suite of Contracts is being
received by the by the global industry.
Siobhan Fahey, Member, FIDIC CONTRACTS COMMITTEE
Aisha Nadar, Member, FIDIC BOARD Siobhan Fahey

10:30 Coffee Break

Comparative
10:50  Advantages of FIDIC in Relation to Other Commonly Used Standard
Forms of Contract
The aim of this session is to offer delegates an indepth understanding of key comparative features between
FIDIC and other standard forms of contract. Our panel of experts will compare and contrast salient aspects of
the more commonly used forms of contract and examine which types of projects these may be ideally suited
to. Likely areas to be analysed include:
 Contract administration (including discussion of Engineer’s role)
 Cooperation / good faith
 Early warning
 Claims/time bars
 Dispute resolution
 Time/programme
Kumbwaeli Salewi, FIDIC Adjudicator, NATIONAL ADJUDICATORS OF TANZANIA Kumbwaeli Salewi

11:30 Regional & International Case Studies Review – Experiences from Users
This panel session assembles experienced FIDIC Contract Users from different regions and industry sectors
to share their experiences using the FIDIC Contracts as key project administration tools, often, in some of the Letlhogela Letts Radipata
most challenging operational environments. Delegates will benefit from listening to case studies on the FIDIC
Red and Yellow Book, as well as other books in the FIDIC Rainbow Suite, and will also have an opportunity to
pose any questions to the panellists. All case studies will be new to this conference.

 etlhogela Letts Radipata, Chief Roads Engineer, MINISTRY OF TRANSPORT AND COMMUNICATIONS,
L Macaire Agassounon
BOTSWANA
Macaire Agassounon, Procurement Director, MCA-BENIN II
James Mwangi, President, GAMA

James Mwangi

REGISTER TODAY: Tel: +44 (0)20 3377 3279 Email: [email protected]


For the latest programme or to register, please visit: https://law.knect365.com/fidic-africa-contracts
Main Conference: 5 & 6 November 2019
FIDIC Africa Pre-Conference Workshops: 4 November 2019
Post-Conference Workshops: 7 November 2019
Contract Users’ Conference Venue: Avani Victoria Falls Resort, Livingstone, Zambia

A Chinese
12:30  Contractor’s & Consulting Engineer’s Perspectives on the Use of FIDIC in
the African Market
This panel will look at challenges and solutions in the African market where Chinese contractors dominate the
construction business which requires Employers to understand differences in culture, legal experiences and
daily practice. In this environment Contractor & Consulting Engineers are used to negotiate and agree on claims
and Variations and are likely to find FIDIC requirements on contract administration pertaining to claims and
Variations too burdensome and sometimes inappropriate. Procurement law is likely to impose constraints on
the Engineer to instruct Variations. This session provide an understanding on how to achieve reliable and robust
results which are auditable and defendable using FIDIC forms effectively in order to help the Engineer to remain
compliant while enabling the Employer to allow continuous just in time cashflow to Contractors if change
makes the execution of the Works more burdensome. The session includes:
 Awareness on differences and challenges based on culture, legal experiences, and other aspects
 Chinese views vs. legalistic views
Yuzhang Xiong
 Advantages of using FIDIC correctly
 Legal requirements regarding audits
 Case study and experiences

Yuzhang Xiong, Deputy General Manager, BEIJING CONSTRUCTION ENGINEERING GROUP (BCEG)
Dr Sebastian Hök, Adjudicator, FIDIC PRESIDENT’S LIST Dr Sebastian Hök

12:50 Lunch

Effective
13:50  Claims Management Under FIDIC – Avoiding, Containing and Handling
Claims
This session will discuss ways to try to avoid claims arising in the first place, and if they do arise, how best to
present claims under the FIDIC form, using the tools the FIDIC contract gives you and how best to prevent claims
from becoming disputes. In particular, it will consider:
 The potential for claims under the 2017 FIDIC forms
 The requirements of a Notice of Claim
 Deeming provisions and time bar issues
 Determination of claims
 Claim management/dispute avoidance
Rob Wilson, Partner, CMS Rob Wilson

14:30 Ask the FIDIC Experts Q&A Session


Our annual “Ask the FIDIC Experts Q&A” session has become one of our most popular perennials with contract
users from across the region. Put simply, the FIDIC Contract Users’ conference is your conference and this
is therefore your opportunity to put your questions directly to acclaimed FIDIC experts and advisers to the
Contracts Committee for cutting edge and authoritative advice on any aspect of FIDIC. Our experts will try to
address as many of your questions as possible during the two days of the event and these can be submitted to
the experts panel in a number of ways. You can:
 Ask for the microphone and put your questions live to our panel on stage
 Submit a question through our at-event app, Slido, and have this answered in real time
 Tweet us your question using the hashtag #FIDICQ&A
Email a complex question in advance to [email protected] so this can be addressed by our
 
experts at the event having given it careful consideration in the run-up to the event

14:50 Best Practice in FIDIC Contract Preparation & Implementation


Many issues can lead to either project success or project failure. Strategic choices at procurement level, in the
early days, are key, and the implication of those choices is not always fully appraised. This session will address
how the selection of forms of contract, tender procedures and the preparation of tender documentation should
fit the project objectives, budget, Employer’s resources and risk allocation sought – and how the FIDIC Suite of
Contracts and Procurement Procedures Guide provides guidance and answers for a wide range of needs.
 Key drivers at procurement stage, and reflections in tender documentation & procedure
Key issues for selection of the appropriate procurement method and form of contract – scope definition,
 
time, cost and quality
 FIDIC best practice: using appropriate FIDIC Conditions of Contract
 Particular conditions development – risk allocation and how it should be tackled
 Moving from an adversarial approach towards full project ownership with clear delineations
Victoria Peckett, Partner, Co-Head of Construction, CMS Victoria Peckett

REGISTER TODAY: Tel: +44 (0)20 3377 3279 Email: [email protected]


For the latest programme or to register, please visit: https://law.knect365.com/fidic-africa-contracts
Main Conference: 5 & 6 November 2019
FIDIC Africa Pre-Conference Workshops: 4 November 2019
Post-Conference Workshops: 7 November 2019
Contract Users’ Conference Venue: Avani Victoria Falls Resort, Livingstone, Zambia

15:20 Afternoon Refreshments

15:40 Latest Guidance on FIDIC Golden Principles


This session will offer an exclusive insight into the newly published First Edition of The FIDIC Golden Principles.
The long-awaited FIDIC Golden Principles outline the essence of a FIDIC Contract and articulate those essential
characteristics of FIDIC’s General Conditions that should not be amended if it is to be recognised as a FIDIC
Contract. The presenters are members of Task Group 15 on Golden Principles, whose remit is to determine the
limits of acceptable modification of Clauses in the Particular Conditions, so as the resultant contract can still
be recognised as a FIDIC Contract, which, in turn, will ensure that the Employers, Contractors and the public are
not misled about what is and what isn’t a FIDIC Contract. The FIDIC Golden Principles are applicable to both the
FIDIC 1999 Suite, and the 2017 Second Editions. Case studies on critical Do’s and Don’ts will be provided in the
content of this session.
 Background to the need for TG15
 Reasons for particular conditions which infringe on the Golden Principles
 The rationale behind the Golden Principles
 A walk through the Golden Principles
 Examples of breach of The Golden Principles

Husni Madi, FIDIC Accredited Trainer; CEO, Shura Construction Management; Member, FIDIC TASK GROUP 15 Husni Madi

16:25 Looking at the Relationship Between FIDIC and the MDBs


The FIDIC Pink book has been included in the IFI Standard Bidding Documents for almost 15 years. During this
time, much has evolved in procurement and project delivery. The World Bank, along with other IFIs, has under Frank Mvula
gone extensive procurement reforms aimed at better achieving value for money. Defining the way forward, so
that procurement can be used as a strategic tool in achieving core objectives of recipient countries, as well as
financial institutions, considering key issues such as sustainability, integrity, and capacity building, is critical.
This session will:
Hiba Tahboub
Provide an outline of the Bank’s Procurement Reforms, including key features in the revised Effective
 
Development strategy
 Identify key ingredients of the procurement process from the MDB perspective
 Analyse FIDIC’s role before, during and after the contracting process
Corine Orounla Tchokponhoue
Frank Mvula, Director; Fiduciary and Inspection Department (SNFI), AFRICAN DEVELOPMENT BANK
Hiba Tahboub, Governance Practice Manager, THE WORLD BANK
Corine Orounla Tchokponhoue, Legal Director, MCA BÉNIN II
Aisha Nadar, Member, FIDIC BOARD
Aisha Nadar

17:05 Ask the FIDIC Experts Q&A Session


Our annual “Ask the FIDIC Experts Q&A” session has become one of our most popular perennials with contract
users from across the region. Put simply, the FIDIC Contract Users’ conference is your conference and this
is therefore your opportunity to put your questions directly to acclaimed FIDIC experts and advisers to the
Contracts Committee for cutting edge and authoritative advice on any aspect of FIDIC. Our experts will try to
address as many of your questions as possible during the two days of the event and these can be submitted to
the experts panel in a number of ways. You can:
 Ask for the microphone and put your questions live to our panel on stage
 Submit a question through our at-event app, Slido, and have this answered in real time
 Tweet us your question using the hashtag #FIDICQ&A
Email a complex question in advance to [email protected] so this can be addressed by our
 
experts at the event having given it careful consideration in the run-up to the event

17:25 Chair’s Closing Remarks

17:30 Drinks Reception

NEW! FIDIC CONTRACTS AWARDS 2019


The new FIDIC Contracts Awards will recognize excellence in the use of FIDIC contract
forms for project delivery at a global level. Put your in-house team, or client, forward to
receive the recognition they deserve for good practice in a project in Africa at this year’s
Gala Dinner taking place at the FIDIC International Contract Users’ Conference in London
Submit your entry by 21st October 2019 and be recognised with a FIDIC Award.
Contact [email protected] for more information.

REGISTER TODAY: Tel: +44 (0)20 3377 3279 Email: [email protected]


For the latest programme or to register, please visit: https://law.knect365.com/fidic-africa-contracts
Main Conference: 5 & 6 November 2019
FIDIC Africa Pre-Conference Workshops: 4 November 2019
Post-Conference Workshops: 7 November 2019
Contract Users’ Conference Venue: Avani Victoria Falls Resort, Livingstone, Zambia

Day 2 - Main Conference - 6 November 2019


08:00 BREAKFAST BRIEFING - The New Guidance Notes to the 2017 FIDIC Suite of
Contracts – All You Need to Know on How to Navigate Key Changes

08:45 Registration & Coffee

08:55 Chair’s Opening Remarks for Day Two


Siobhan Fahey, Member, FIDIC CONTRACTS COMMITTEE
Siobhan Fahey

09:00 Getting to Know the Emerald Book, the New Form of Contract for Underground Works
The Emerald Book is the new Form of Contract for Underground Works, designed by the Contractor. A joint endeavour

of FIDIC and the International Tunnelling and Underground Space Association ITA-AITES, it aims at a balanced
allocation of subsurface risks in order to contain project costs and to improve costs stability, for the benefit of the
underground industry. Some of the main features of the Emerald Book are the Geotechnical Baseline Report GBR, the
role of the Engineer, the remeasurement sub-clauses and the adjustment of Time for Completion. With respect to the
other FIDIC Forms of Contract, the Emerald includes an extensive Guidance for the Preparation of Tender Documents
by the Employer, a centre pin of any good contract.

 A brief Introduction to the Emerald Book


 Allocation of risk related to Sub-Surface Conditions in the Emerald Book
 Adjustment of Time for Completion, a fundamental concept of the Emerald Book
 The role of the Engineer in the Emerald Book
 James Maclure, Chair, FIDIC ITA-TASK GROUP 10 James Maclure

09:40 Effectively Using the White Book and FIDIC Suite of Agreements in Africa
The Suite of Agreements (2017) including the FIDIC Client Consultancy Agreement [the White Book], the FIDIC Sub-

consultancy Agreement (2nd Edition 2017) and the FIDIC Joint Venture Agreement (2nd Edition 2017) is the updated
suite of forms which FIDIC has launched for the benefit of the industry. This suite of agreements is aimed at providing
a robust and trustful basis for the services of consultant engineers to clients. Some of the main features of the White
Book are the wide range of services for which it is suitable, the perfect linkage of the services of consultants and
the requirements under the FIDIC Red and Yellow Book, and the clear wording on liabilities & insurance. The role of
the Engineer, which has been strengthened under the 2nd Edition of the FIDIC Rainbow (2017) (for instance to act
neutrally) is appropriately reflected. Consultants will find a more balanced allocation of risk and clarifications as to
its duties. The Sub-consultancy Agreement helps to safely sub-contract services to sub-consultants and the new
Joint Venture Agreement provides a robust approach to capacity building and cooperation between international and
domestic consultants.

 A brief Introduction to the White Book, the Subconsultancy Agreement and the Joint Venture Agreement
Using the suite of agreements to improve design and contract administration services under FIDIC construction
 
contracts Dr Sebastian Hök
 The role of the Engineer as reflected in the White Book
 Risk allocation and claims under the Suite of Agreements
Dr Sebastian Hök, Adjudicator, FIDIC PRESIDENT’S LIST
Rob Morson, Partner, PINSENT MASONS Rob Morson

10:25 Coffee Break

10:45 Approaches to Risk Under FIDIC Forms of Contract


Richard Hill, Partner, WHITE & CASE
Matthew Richards, Partner, WHITE & CASE Richard Hill Matthew Richards

Contract
11:25  Administration and Dispute Avoidance from an International Contractor’s &
Consulting Engineer’s Perspective
This panel session will assemble seasoned Contractors, consulting engineers and in-house contract

specialists from large infrastructure and engineering firms involved in real-world implementation of FIDIC
Forms of contract. The panel will be discussing critical areas of contract administration including optimisation
opportunities and common pitfalls to avoid, as well as the latest trends in dispute management and avoidance.
Joseph Ghafari, Contracts and Claims Manager, CHINA COMMUNICATIONS CONSTRUCTION CO.
Joseph Ghafari

REGISTER TODAY: Tel: +44 (0)20 3377 3279 Email: [email protected]


For the latest programme or to register, please visit: https://law.knect365.com/fidic-africa-contracts
Main Conference: 5 & 6 November 2019
FIDIC Africa Pre-Conference Workshops: 4 November 2019
Post-Conference Workshops: 7 November 2019
Contract Users’ Conference Venue: Avani Victoria Falls Resort, Livingstone, Zambia

12:25 Ask the FIDIC Experts Q&A Session


Our annual “Ask the FIDIC Experts Q&A” session has become one of our most popular perennials with contract
users from across the region. Put simply, the FIDIC Contract Users’ conference is your conference and this is
therefore your opportunity to put your questions directly to acclaimed FIDIC experts and advisers to the Contracts
Committee for cutting edge and authoritative advice on any aspect of FIDIC. Our experts will try to address as many
of your questions as possible during the two days of the event and these can be submitted to the experts panel in a
number of ways. You can:
 Ask for the microphone and put your questions live to our panel on stage
 Submit a question through our at-event app, Slido, and have this answered in real time
 Tweet us your question using the hashtag #FIDICQ&A
  Email a complex question in advance to [email protected] so this can be addressed by our experts
at the event having given it careful consideration in the run-up to the event

12:50 Lunch

13:50 Time Bar Provisions Under FIDIC


 ime bar provisions are a fundamental tenet of the claim mechanisms under the FIDIC suite of contracts. The
T
recent changes introduced in the 2017 suite of contracts provides a great opportunity to revisit the subject, and
we will explore the purpose behind such provisions, the consequences of failing to comply and how they may
be interpreted and applied differently in common law and civil law jurisdictions.
 Purpose of the mechanism for administering and processing claims
 Changes between the 1999 and 2017 FIDIC suites
 How different requirements apply to different types of claim
 Common law approach to time bar provisions
 Civil law approach to time bar provisions
Rob Wilkins, Partner, PINSENT MASONS Rob Wilkins

14:35 DAABs Role Under FIDIC Conditions - Current Practices and The New Rules
Along with the ongoing review and update of the FIDIC Yellow Book, Red Book and Silver Book, FIDIC are
reviewing and updating their dispute adjudication rules with a view to reflect current best practice for dispute
boards. The main changes and improvements introduced will be explained and discussed during this session.
These will include, among others, the reformulation of the current 20 clauses of the FIDIC contracts, with a new
Clause 21 dedicated to dispute avoidance and resolution.
Kevin Spence
 The way forward under FIDIC 2017 based on African experiences under FIDIC 1999
 The African experiences
 The African challenges
 Using site visits appropriately and achieving value for money
Kevin Spence, Independent Consultant; Nationally Approved FIDIC Trainer, FIDIC PRESIDENT’S LIST
Bwalya Lumbwe, Adjudicator, FIDIC NATIONAL LIST, ZAMBIA Bwalya Lumbwe

15:25 Coffee Break

15:40 Arbitration & Alternative Dispute Resolution


This session considers the phenomenon of construction disputes; what they are, how they occur and crucially,

how they can be minimized and resolved with the greatest efficiency. Specifically, attention is focused on the FIDIC
contractual provisions and their optimum operation. The aim is to equip the representatives and advisors of the Parties
and the Engineer to make good choices in moving towards swift, cost effective resolution. Panellists will examine:
 What constitutes a ‘dispute’?
 How do construction disputes occur?
 The FIDIC Amicable Settlement provisions
 Alternative dispute resolution techniques
 International arbitration under FIDIC - looking forward
Henry Musonda, Dispute Adjudicator, FIDIC’s President’s list, FORUM FOR INTERNATIONAL CONCILIATION &
ARBITRATION (FICA) Henry Musonda

16:40 Working Groups Session – Identifying & Addressing FIDIC Challenges in Africa

Led by our expert panel of facilitators, this session allows delegates to come together in a relaxed roundtable
environment to identify and discuss region specific challenges with reference to the application of particular FIDIC
principles and clauses. This entirely interactive session will allow you to deliberate with your peers on some of
the key challenges facing the construction & engineering industry in Africa and then make recommendations to
the FIDIC Contracts Committee on potential solutions to overcome those challenges. Some of the topics under
discussion will include: DAABs, Time Bars, Issues for Contractors, and much more besides

1745 Chair’s Closing Remarks & End of Main Conference

REGISTER TODAY: Tel: +44 (0)20 3377 3279 Email: [email protected]


For the latest programme or to register, please visit: https://law.knect365.com/fidic-africa-contracts
Main Conference: 5 & 6 November 2019
FIDIC Africa Pre-Conference Workshops: 4 November 2019
Post-Conference Workshops: 7 November 2019
Contract Users’ Conference Venue: Avani Victoria Falls Resort, Livingstone, Zambia

Pre-Conference Workshops - Monday, 4 November 2019

Workshop A:
(08:30 Registration, 09:00 - 17:30 Workshop)
Introduction to the 2017 FIDIC Suite of Contracts
Ideal as a refresher course for experienced FIDIC users or as an introductory session for those just getting acquainted with the
potential of the suite. Attend this workshop to acquire essential knowledge of the main forms of contract comprised in the “rainbow”
suite of FIDIC contracts.

Morning Overview:
Although FIDIC was established in 1913, the Red Book was first published in August 1957. It proved to be very successful and
remarkably remained largely unchanged throughout its second edition in 1967 and third edition in 1977. In its fourth edition of 1987,
extensive changes were made and in particular to the role of the Engineer and dispute resolution. Further wide-ranging and elaborate
changes were then made in the 1999 Suite of Contracts. In order to fully understand the issues involved and the interpretation of
the various provisions of the FIDIC Forms, it is important to know the evolution of the essential concepts of this successful form of
contract. This workshop will take you through the development of some of the essential features of the Forms from 1957 to today,
with a particular focus on the following four particular areas:
 Increase
 in the use of definitions  The
 role of the Engineer
 Risk
 allocation and administration  Dispute
 management
Morning Presenter
Aisha Nadar, Member, FIDIC BOARD Aisha Nadar

Afternoon Overview:
The afternoon session will analyse more of the noteworthy changes incorporated into the FIDIC Red, Yellow and Silver Books 2017,
covering the following areas:
 Notices
  Employer’s
 Requirements and design review
 Employer’s
 financial arrangements  Subcontractors
 and nominated subcontractors
 Defects
  Contractor’s
 programme and extension of time
 Completion
 and taking-over  Suspension
 and termination
Afternoon Presenter
Siobhan Fahey, Member, FIDIC CONTRACTS COMMITTEE

*Lunch will be one hour and taken at an appropriate time during the day. Morning and afternoon refreshments will also be served* Siobhan Fahey

Workshop B:
(08:30 Registration, 09:00 - 17:30 Workshop)

Contractors’ Workshop: Strategies for Efficient and Successful On-site


Contract Management Under FIDIC
One of the main challenges for international contractors operating in today’s complex contractual environment is the increasingly
prescriptive nature of conditions of contract that Contractors, Sub-Contractors and on-site teams need to observe. The introduction
of the FIDIC 2017 Suite renders this even more obvious, with Contractors required to be a lot more ‘Contract-savvy’ than in the
context of the FIDIC 1999 Suite. Strict compliance with the terms and conditions of the Contract and related processes and
procedures are required in order to avoid the loss of entitlements, to ensure contractual opportunities are secured and that claims
are submitted in a timely manner. How will the requirements and obligations of the FIDIC 2017 Suite play out in the real world for
Contractors and their teams? This session has been specifically conceptualised for Contractors looking to gain a much-needed edge
and in-depth practical knowledge of efficient strategies for on-site contract and team management, as well as what may be useful
to take into consideration when operating in an international environment. Guided by a team of experienced international contract
managers and FIDIC experts with hands-on practical experience in contract management, Contractors will be given an insight into
key areas of effective on-site contract and claim management.

Morning Coverage Includes:


Part I – Understanding the Changing Role of the Contractor
Part II – What does an Effective On-Site Contract Management Strategy look like

Afternoon Coverage Includes:


Part III – Regional Pitfalls to Look-Out for and How to Overcome Common Challenges
Dr Sebastian Hök
Part IV – Achievables
Husni Madi, FIDIC Accredited Trainer; CEO, Shura Construction Management; Member, FIDIC TASK GROUP 15
Dr Sebastian Hök, Adjudicator, FIDIC PRESIDENT’S LIST

*Lunch will be one hour and taken at an appropriate time during the day. Morning and afternoon refreshments will also be served* Husni Madi

REGISTER TODAY: Tel: +44 (0)20 3377 3279 Email: [email protected]


For the latest programme or to register, please visit: https://law.knect365.com/fidic-africa-contracts
Main Conference: 5 & 6 November 2019
FIDIC Africa Pre-Conference Workshops: 4 November 2019
Post-Conference Workshops: 7 November 2019
Contract Users’ Conference Venue: Avani Victoria Falls Resort, Livingstone, Zambia

Post-Conference Workshops - Thursday, 7 November 2019

Workshop C:
(09:30 - 13:00 Workshop)
Construction Claims & Defence
When making or defending construction claims, parties to a construction contract will likely not back down and agree to resolution
until claims and defences are properly made and considered. Based on case studies and real world examples, this workshop will help
participants avoid such impasses by explaining how to:
 Properly prepare variation, defect, delay, acceleration and disruption claims Kirk Durrant
 Appropriately defend against such claims raised by the other party
 Successfully pursue claims before engineers, dispute boards and arbitral tribunals
Kirk Durrant, Managing Partner (Qatar), DWF
Gabriela
Gabriela Palacios-Flusk, Director, HKA
Palacios-Flusk

13:00 - 14:00 Lunch

Workshop D:
(14:00 - 17:30 Workshop)
Construction Claims & Defence
This interactive workshop is designed to focus on the key issues commonly faced by owners and contractors who are involved in
major development, infrastructure and other projects in Africa and who wish to employ sound strategies for avoiding, managing and
resolving disputes in an effective manner. Particular areas of focus include the commercial setting for development, claims strategy Rob Wilkins
and DAAB and ADR options, arbitration and investment treaty protection for major projects.
 The pros and cons of each stage of FIDIC’s dispute escalation processes
 Whether dispute adjudication boards are appropriate for all contracts?
 Amicable settlement discussions – the benefit of mediation?
 Arbitration under the ICC rules
Chloé De Jager
Rob Wilkins, Partner, PINSENT MASONS
Chloé De Jager, Associate, PINSENT MASONS

Meet our 2019 Partners


White & Case is a leading global law firm with lawyers in 41 offices across 30 countries.The White
& Case Construction & Engineering group assists clients around the world on all their construction-
related needs, from drafting of tender and project documentation to the resolution of disputes which
may arise from or in relation to a construction project.

CMS has more than 4,500 lawyers in 69 offices around the world, including in Asia, Africa and the
Middle East, and frequently operates in those countries where we have no permanent base. We
are recognised as market leaders and top-ranked by independent directories for our expertise in
Construction (International Arbitration, Purchaser and Supplier), PFI/PPP, and Energy and Natural
Resources.
CMS_LawTax_CMYK_from101.eps

The competitive and demanding nature of the construction industry means that managing,
avoiding and resolving risk is essential to commercial success. Recognised as the world’s leading
construction law firm, Pinsent Masons’ specialist knowledge and global experience protects you and
your business and enables our clients to achieve commercial success.

DWF’s specialist construction and infrastructure legal team will manage every stage of the process
for you. Whether you’re an employer, contractor or consultant, working on a nuclear, renewables,
oil and gas, utilities, railways, roads and bridges, ports and harbours, retail, education or residential
project.

HKA is one of the world’s leading providers of consulting, expert and advisory services for the
construction and engineering industry. We understand the pressures associated with delivering
successful projects, whatever their size and complexity, wherever in the world.

REGISTER TODAY: Tel: +44 (0)20 3377 3279 Email: [email protected]


For the latest programme or to register, please visit: https://law.knect365.com/fidic-africa-contracts
FIDIC Africa Contract Users’ Conference
Main Conference: 5 & 6 November 2019
Pre-Conference Workshops: 4 November 2019
Post-Conference Workshops: 7 November 2019
Venue: Avani Victoria Falls Resort, Livingstone, Zambia

REGISTER
ONLINE: https://law.knect365.com/fidic-africa-contracts
BY EMAIL: [email protected] (mention event code FKW82924)
BY PHONE: +44 (0)20 3377 3279 (mention event code FKW82924)

PRICING Standard Price

Full Event (2-day main conference + 1 full-day workshop + both half-day workshops) US$2,996

3.5-day Package (2-day main conference + 1 full-day workshop + 1 half-day workshop) US$2,647

3-day Package 1 (2-day main conference + both half-day workshops) US$2,297

3-day Package 2 (2-day main conference + 1 full-day workshop) US$2,298

2.5-day Package (2-day main conference + 1 half-day workshop) US$1,948

2-day Main Conference US$1,599

Each Full-day Workshop US$799

Each Half-day Workshop US$449

$300 discount for 3rd and subsequent delegates from your group. The VAT rate is subject to change and may differ from the advertised rate. The
amount you are charged will be determined when your invoice is raised. Please note the conference fee does not include accommodation or travel costs.
All discounts can only be claimed at the time of registration and multi-booking discounts cannot be combined with other discounts that may be available
(apart from early booking discounts which are available to everyone). The $300 saving for 3rd delegates is not available for people only attending the
workshops. All discounts are subject to approval.

If you are based in a country other than the conference location then you may be able to claim back the VAT amount. Further information can be found at
www.informa.taxbackinternational.com.

We are happy to accept a replacement delegate for the whole event; however delegate passes cannot be split or shared between delegates under any
circumstances.

Full terms & conditions, including cancellation terms, can be found at: https://law.knect365.com/fidic-africa-contracts/terms-and-conditions

REGISTER TODAY: Tel: +44 (0)20 3377 3279 Email: [email protected]


For the latest programme or to register, please visit: https://law.knect365.com/fidic-africa-contracts

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