FIDIC Africa Contract Users Conference
FIDIC Africa Contract Users Conference
FIDIC Africa Contract Users Conference
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
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
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
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
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
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.
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
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
12:50 Lunch
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
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
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)
*Lunch will be one hour and taken at an appropriate time during the day. Morning and afternoon refreshments will also be served* Husni Madi
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
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
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.
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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
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)
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
$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.
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(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.
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