FIDIC Americas Contract Users Conference

Transcription

1 FIDIC and IBC Legal present the 2nd Annual Register by August 2 & SAVE up to $700 FIDIC Americas Contract Users Conference The Essential Guide for Engineering & Construction Law Professionals in the Americas to Successfully Use the FIDIC Suite of Contracts, Manage Major Projects and Resolve Disputes Gregs Thomopulos ACEC Christopher R. Seppälä WHITE & CASE jonathan S. Saiger MCC Svend Poulsen FIDIC UPDATES Simon R. Worley FIDIC SUB-CONTRACT TASK GROUP Nick Gardner UNOPS Aisha Nadar FIDIC UPDATES TASK GROUP Bernard Becq THE WORLD BANK Philip Bruner jams INTERNATIONAL Dr Cyril Chern FIDIC ASSESSMENT PANEL FOR ADjUDICATORS Michael Mortimer-Hawkins FIDIC CONTRACTS COMMITTE Richard A. D. vaughn HILL INTERNATIONAL Plus! Two Pre & Post-Conference Seminars to Complement your Knowledge of FIDIC FIDIC for Non-FIDIC Contract Users Successfully Resolving International Disputes Under FIDIC Siobhan Fahey FIDIC CONTRACTS Zoltán Záhonyi FIDIC CONTRACTS john Dowse CERNO Attend the only official FIDIC Contracts event in the region and... n Discover the FIDIC Suite of Contracts and their applications n Understand the advantages of FIDIC construction contracts in relation to other documents n Hear directly from the FIDIC contract drafters as well as experts from North America, Latin America, The Caribbean and Europe n Assess the potential of the dispute resolution tool kit under FIDIC n Review the DAB process as well as the role of arbitration and ADR n Identify cost management opportunities in FIDIC conditions of contract n Analyse recent experience with FIDIC from an American contract user s perspective October 22-23: Main Conference Days October 21: Pre-conference primer day: FIDIC for Non-FIDIC Contract Users October 24: Post-conference workshop: Successfully Resolving International Disputes Under FIDIC Hotel Monaco, Washington D.C., USA Your Speaker Faculty 2013 n Gregs Thomopulos ACEC & STANLEY CONSULTANTS, INC. (United States) n Aisha Nadar FIDIC UPDATES TASK GROUP (Sweden) n Svend Poulsen ATKINS & FIDIC UPDATES n Michael Mortimer-Hawkins FIDIC CONTRACTS (Sweden) n Zoltán Záhonyi FIDIC CONTRACTS (Hungary) n Siobhan Fahey FIDIC CONTRACTS (Ireland) n Dr Cyril Chern FIDIC ASSESSMENT PANEL FOR ADjUDICATORS (United Kingdom) n Maria Padilla INTER-AMERICAN DEvELOPMENT BANK (United States) n Bernard Becq THE WORLD BANK (United States) n jonathan S. Saiger MCC (United States) n Nick Gardner UNOPS n john Dowse CERNO (Trinidad) n Maria vannari THE WORLD BANK (United States) n Simon R. Worley FIDIC SUB-CONTRACT TASK GROUP (United Kingdom) n Christopher R. Seppälä WHITE & CASE (France) n john Madden MADDEN MEDIATION & ARBITRATION (Ireland) n Robert j. Smith AKERMAN SENTERFITT (United States) n Richard A. D. vaughn HILL INTERNATIONAL (United States) n Philip Bruner jams INTERNATIONAL (United States) n David Brown CLYDE & CO (France) n joe Moore CLYDE & CO (United States) n Pablo Laorden LáMBAL (Spain) n Robert S. Brams PATTON BOGGS LLP (United States) Associate Sponsors Media Partners Plus! FREE with your registration: FIDIC Procurement Procedures Guide (1st Edition 2011) MDB Harmonized Contract (2010 Edition) REGISTER TODAY: Tel: +44 (0) : annie.blundell@informa.com For the latest programme or to register, please visit:

2 FIDIC Americas Contract Users' Conference CONFERENCE DAY ONE: Tuesday October :30 Registration & Coffee 09:00 Opening Remarks from the Chairperson Gregs Thomopulos, Chairman, ACEC; Chairman, STANLEY CONSULTANTS, INC. (United States) 09:05 Understanding FIDIC Contracts in an International Context Increasing demand in infrastructure needs in emerging economies is an opportunity for consulting engineering firms to export their services outside their domestic market. FIDIC contracts have become the common forms of contract supporting globalized best practices. Remain competitive and understand how FIDIC contracts will help you to make your way in this fast paced economic environment. n The growing influence of FIDIC suites of contracts in establishing world-class industry standards n How FIDIC is responding to the needs of the international construction industry n How FIDIC s major works contracts are being used worldwide n Emerging regions and hot spots of FIDIC usage n How FIDIC can support businesses to expand globally Moderator: Gregs Thomopulos, Chairman, ACEC; Chairman, STANLEY CONSULTANTS, INC. (United States) Speakers: Bernard Becq, Senior Adviser, THE WORLD BANK (United States) Nick Gardner, Head of Construction Management, Sustainable Infrastructure Practice, UNOPS Jonathan S. Saiger, Senior Director, Infrastructure, Dpt. Compact Operations East & Southern Africa, MILLENNIUM CHALLENGE CORPORATION (United States) 10:55 The FIDIC Suite of Contracts: Choosing the Right FIDIC Conditions of Contract for your Project This session will explore the factors which the Employer will want to consider in selection of the right FIDIC conditions for their projects, taking into account price model, design method and management of the project. A comparative view to the main clauses will be used to highlight primary differences: n Risk allocation n The role of the Employer during design and construction of the project n Introduction of changes during the project life-cycle 11:35 FIDIC Yellow Book This session introduces FIDIC s 1999 Plant & Design-Build ( Yellow Book ) conditions of contract from a closer perspective. The focus will be on its applicability, unique features and practical aspects of its everyday usage. The presentation unveils the expected updates for this FIDIC contract. This brief, yet complex session will allow the participants to hear about the most interesting and recent items of information regarding FIDC s P&DB contract! n What type of projects would best benefit from applying this type of FIDIC contract? n Unique features of P&DB contract in comparison with the other 1999 FIDIC major contract forms n Main areas expected to be updated in the 1999 P&DB contract n What are the expected benefits from the updates? n Practical experiences Zoltán Záhonyi, Member, FIDIC CONTRACTS (Hungary) Simon R. Worley, Chartered Civil Engineer; FIDIC Accredited Trainer; Member, FIDIC SUB-CONTRACT TASK GROUP (United Kingdom) 09:55 Overview of the FIDIC Suite of Contracts This session will provide an overview of the forms of contract comprised in the FIDIC Suite of Contracts and explain why FIDIC s major works contracts have become widely used industry standards across the globe. Understand the use, sale, translation, licensing, and recent developments of FIDIC contracts worldwide. Discuss work in progress and future developments. Coverage includes: n Introducing the Rainbow suite of FIDIC Contracts n Understanding the extended FIDIC framework of resources and support tools n Overview of the main features and appropriate applications of each contract n The growing influence of FIDIC s suite of contracts in establishing world-class industry standards n Ongoing projects and future outlook Svend Poulsen, Project Director, ATKINS; Chair, FIDIC UPDATES 10:35 Morning Coffee Break 12:25 Employer s Requirements 13:00 Lunch The Employer s Requirements are crucial and must include all things that the Employer requires in respect of the execution and completion of the works, including the requirement as to the intended purpose. Learn how the FIDIC Plant and Design-Build Contract calls for: n Obligations on the Employer and Contractor in respect of responsibility for the accuracy, sufficiency and completeness of the Employer s Requirements n A changed risk allocation, for instance by increasing the extent of the carve-out in respect of liability for which the Contractor is not liable n Offsetting by items such as notes on drawings or process diagrams indicating that the design is not fixed n Clarification of the intended purpose Svend Poulsen, Project Director, ATKINS; Chair, FIDIC UPDATES Bookings hotline: +44 (0)

3 FIDIC Americas Contract Users' Conference 14:15 EPC/Turnkey Contract (Silver) & the FIDIC DBO Contract (Gold Book) The Silver and Gold Books were introduced by FIDIC into their range of contract forms to cover two special aspects of construction which have become more and more in demand over the past decade or so. The Silver Book covers the EPC or Turnkey form of contract, and the Gold Book covers the traditional design-build contract where the Contractor has an additional obligation to provide a long-term operation of the facility for the Employer. This presentation will look at the key features of both of these documents. n Why have a Silver Book? n Key features of the Silver Book n Risk allocation between the parties n Background to the Gold Book n Key features of the Gold Book n Improvements to the 1999 documents including risk allocation and handling of disputes n The Brown Field Scenario for existing facilities Michael Mortimer-Hawkins, Special Advisor, FIDIC CONTRACTS (Sweden) 14:55 The Construction Subcontract This session will brief delegates on the practical issues surrounding the main back-to-back provisions of the new FIDIC Construction Subcontract, published in October 2011 for use in conjunction with the FIDIC Construction Contract including: n Variations n Interim payments n Taking-over n Indemnities n Claims and disputes Siobhan Fahey Member, FIDIC CONTRACTS (Ireland) 16:25 The New FIDIC Procurement Guide In 2011 FIDIC published its brand new Procurement Procedures Guide. It offers guidance and information on all phases of the procurement process according to FIDIC principles - but would the consulting engineering practitioners operating on the most developed markets benefit from this comprehensive guide too? The answers will be delivered through addressing the following issues: n Challenges & scope of the new procurement guide n Successfully using the new procurement guide n Best practice in consultant selection n Successful management of procurement n New standards in obtaining tenders Zoltán Záhonyi, Member, FIDIC CONTRACTS (Hungary) 17:05 The Role of the Engineer The Engineer should play the central role in the administration of a FIDIC Contract. This session will look at the way the Engineer s role has evolved over the years with particular emphasis on how it is envisaged to be in the 1999 FIDIC Red and Yellow Books, how that role has actually developed in practice and what the future may hold for the role of the Engineer. As Employers increasingly look to limit the authority of the Engineer s role, what does this mean for the Engineer and for the Contractor? Is there a feasible alternative? n The key role of the Engineer in the FIDIC system n Current trends towards the Engineer s role n How Employers and Contractors view the Engineer n The Engineer s role in minimizing conflicts and disputes n The future outlook for the role of the Engineer Simon R. Worley, Chartered Civil Engineer; FIDIC Accredited Trainer; Member, FIDIC SUB-CONTRACT TASK GROUP (United Kingdom) Maria V. Vannari, Senior Procurement Specialist, THE WORLD BANK (United States) 15:30 Networking Break & Refreshments 15:50 FIDIC Green Book (Short Form of Contract 1999) - Practical Applications This session introduces the fourth FIDIC contract type published in What are the main features, and what are the benefits of using this simplified version FIDIC Contract? The session allows the attendants to have an insight in successful project experience, where this type of contract was applied. n The main features of FIDIC Green Book n Brief introduction of the simplified procedures n What project types would benefit most from using this type of FIDIC contract? n Introduction of practical experience in using FIDIC Green Book Michael Mortimer-Hawkins, Special Advisor, FIDIC CONTRACTS (Sweden) 17:45 Close of Conference & Drinks Reception : annie.blundell@informa.com CONFERENCE DAY TWO: Wednesday October :30 Registration & Coffee 09:00 Opening Remarks from the Chairperson 09:05 The MDB Harmonized Contract The major Multilateral Development Banks (MDBs) adopted the General Conditions of the FIDIC conditions of contract for building and engineering works designed by the Employer (the FIDIC Conditions of Contract for Construction), and its previous version, in their Standard Bidding Documents (SBDs) for major works. The inclusion of the Harmonized FIDIC form of Contract in their SDBs serves to ensure environmentally and socially responsible procurement and successful project delivery. This session aims to highlight the contract s comparative advantages in this regard by exploring the users perspectives on cross-cutting issues such as:

4 A comprehensive and thought provoking conference (M Olive, Davis Langdon & Seah) Attendee at FIDIC International Contract Users Conference Gain up to 20 CPE hours! 20 hours (both conference days & 2 workshops) 15/17 hours (both conference days & 1 workshop) 12 hours (both conference days) n Procurement n Sustainability n Value for money Moderator: Bernard Becq, Senior Adviser, THE WORLD BANK (United States) Maria Padilla, Project Procurement Specialist, INTER-AMERICAN DEVELOPMENT BANK (United States) 09:55 Pursuing Claims under FIDIC Contracts This session will discuss developments in presenting and pursuing a claim under a FIDIC Contract with particular reference to: n Notices and claims procedures n Extension of time n Force majeure n Claims for additional payments n Failure to notify n Construction contracting in the Middle East: Unique Contractual and legal issues n Related claim and dispute considerations Richard A. D. Vaughn, Vice President, HILL INTERNATIONAL (United States) Robert S. Brams, Partner & Chair, Construction, Infrastructure and Finance Group, PATTON BOGGS LLP (United States) 10:35 Morning Coffee Break 10:55 Case Studies of FIDIC Application Around the World n FIDIC 1999 Suite: Observations on the introduction and developing usage of the FIDIC contracts into a new market place, with emphasis on the Trinidad & Tobago market, n Silver Book 1999: Panamá Hydro Power Plants. n Green Book 1999: UNOPS Short Form Construction Contract Warrap State Roads, Republic of South Sudan n Red Book 1999: UNOPS Lump Sum Construction Contract High Security Prison, Kosovo Speakers: Nick Gardner, Head of Construction Management, Sustainable Infrastructure Practice, UNOPS Jonathan S. Saiger, Senior Director, Infrastructure, Dpt. Compact Operations East & Southern Africa, MILLENNIUM CHALLENGE CORPORATION (United States) Maria Camilla Padilla, Project Procurement Specialist, INTER- AMERICAN DEVELOPMENT BANK (United States) John Dowse, Barrister, Arbitrator, Adjudicator, Registered Mediator, CERNO (Trinidad) Pablo Laorden, Partner, LáMBAL (Spain) 11:55 Standard Contracts in the International Arena - A Critical Comparison of FIDIC, AIA, and DBIA Documents Joe Moore, Partner, CLYDE & CO (United States) Christopher R. Seppälä, Partner, WHITE & CASE (France) 12:45 Networking Break & Refreshments 14:00 Arbitration Under FIDIC Contracts This session considers the opportunities for avoidance and early resolution of disputes under the FIDIC contract provisions. This is intended to equip the representatives and advisors of the Parties and the Engineer to make good choices in moving towards effective-and cost effect-resolution. n How disputes arise; what constitutes a dispute? n Amicable settlement what are the options? n Making international arbitration work: good practice and good decisions Moderator: Philip Bruner, Arbitrator, JAMS INTERNATIONAL (United States) Panel Speakers: David Brown, Partner, CLYDE & CO (France) Christopher Seppälä, Partner, WHITE & CASE (France) 14:45 FIDIC DABs: Lessons Learned & Adjudicators Recommendations for the Parties Dispute Adjudication Boards (DAB) have been introduced as FIDIC s method for primary dispute resolution. Hear about the latest understanding of the role and function of the dispute resolution mechanisms in FIDIC contracts. Review recent developments on how dispute resolution mechanisms are set up and managed. This panel of experienced adjudicators will identify and explain the Do s and Don ts of the DAB based on their practical experience. n Selection of Adjudicators, Disclosures and Formation of the DAB n Establishing procedures n Keeping the Adjudicators informed (visits, meetings and reports) n The Adjudication Process: Pre-referral, Referral, Pre-hearing, Hearing, Decision n Cost savings and other benefi ts resulting from the introduction of DABs n Perceived barriers n Recent examples of successful DAB use in the region Robert J. Smith, FIDIC Adjudicator; Shareholder, AKERMAN SENTERFITT (United States) John Madden, Managing Director, MADDEN MEDIATION & ARBITRATION (Ireland) 15:30 Networking Break & Refreshments 15:50 Dispute Boards: A Global Comparative Perspective Internationally renowned construction dispute resolution specialists will examine the use of dispute boards in international construction and engineering projects through a comparative lens. The topics addressed will include: n The dispute board concept n Types of dispute boards n The USA view n The rest of the world view n Cultural implications n Rules and procedures of the various DB organizations (FIDIC, ICC, DBF, DRBF) n Benefits vs burdens n Costs n Enforcement and appeals from dispute board rulings Dr Cyril Chern, Barrister; Member, FIDIC ASSESSMENT PANEL FOR ADJUDICATORS; DISPUTE BOARD FEDERATION (Switzerland); FIDIC Adjudicator (UK) 16:40 Final Q&A with the Day s Speakers 17:00 Close of Conference To register or for the latest programme:

5 FIDIC Americas Contract Users Conference Hotel Monaco, Washington D.C., USA October What delegates at FIDIC Contract Users events have been saying: Well done! The event should be followed by everyone who needs the essential review of the latest developments in FIDIC contracts delivered by international FIDIC experts (VZakiyya, PT Petarmina) I really enjoyed the quality of the speakers and the networking with other attendees (Galli, SGI Studio Galli Ingegneria SpA) Constructive ideas! Way forward for resolution of biggest problems in the industry: balance of finance: legal and construction, engineering aspects. (Senevirathne, Haji Adinin & Sons) Exhaustive deliberation on each of the FIDIC contract books in a simplified and direct manner! (L Mun Kit, Andrex) Associate Sponsors Hill International (NYSE:HIL) is the global leader in managing construction risk, providing project management and construction claims consulting services to all participants of major construction projects and programs. For nearly four decades, Hill has managed all phases of the construction process from concept through completion, employing over 3900 professionals in over 35 countries. Hill employs one of the largest claims & consulting teams in the world, having helped mitigate over 25,000 construction disputes valued in excess of $100 billion and has managed over 10,000 project assignments with a total construction value of over $500 billion. Visit for more information. Clyde & Co are a major force in the projects and construction industry worldwide. Our lawyers are at the cutting edge of developments being made in the way our clients structure their large scale projects. We understand the changing nature of the projects market and our lawyers are at the forefront providing commercial, flexible and innovative solutions. Our team provide the full range of non-contentious and contentious projects and construction advice and can be engaged at every step along the way. Visit www. clydeco.com Patton Boggs Construction Projects, Infrastructure, and Finance Group responds to the increasingly difficult business challenges our construction industry clients face across the United States and throughout the world. Our practice in the Middle East operates out of four regional offices (Abu Dhabi, Dubai, Doha and Riyadh) and we assist our clients in both contentious and non-contentious matters across the entire MENA region. How are you positioning your business, raising your industry profile or exploiting your firm s USP in the current market? Brand exposure (so your clients think of you first) Thought leadership (demonstrate your depth of expertise by presenting to your target market) Networking (create and enhance relationships and do business with clients) For more information on how IBC Legal Conferences can assist you meet your marketing objectives and details on the range of business development opportunities available, please contact Ayo Fagbohun on telephone +44 (0) or on ayo.fagbohun@informa.com FIDIC: Enabling International Dialogue FIDIC is the international federation of national associations of consulting engineers. The members of each national association comply with FIDIC s code of ethics which calls for impartial advice, competence and fair competition Today FIDIC membership numbers 84 member associations from all parts of the globe and represents most of the independent practising engineers in the world FIDIC acts as a forum for the exchange of views and information and actively encourages the discussion of matters of mutual concern among member associations. FIDIC publishes best-practice guides as well as widely used and internationally recognised services agreements and works contracts FIDIC can be contacted by telephone on +41 (22) , or visit the website at Primer Day: October (09:00-16:00 - Registration & Coffee from 08:30) FIDIC for Non-FIDIC Contract Users A One Step Guide to the FIDIC Rainbow Suite of Contracts Attend this pre-conference primer day to acquire basic knowledge of the main forms of contract comprised in the rainbow suite of FIDIC contracts. FIDIC contract experts will take you through the entire rainbow book collection and explain in detail the specificities and purposes of each form. Delegates will also hear a summary of how FIDIC s works contracts have become widely used industry standards and receive an update on the use, sale, translation, licensing, and recent developments of FIDIC contracts, worldwide. FIDIC experts will invite delegates to participate in practical exercises exploring key concepts embodied in the FIDIC contracts. Coverage Includes n Different contract strategies addressed by the FIDIC suite n Detailed analysis of the FIDIC rainbow collection of forms of contract: - Green Book - Red Book - Yellow Book - Silver Book n Risk allocation and business processes for the FIDIC suite n The growing influence of FIDIC s suite of contracts in establishing world-class industry standards n How FIDIC s major works contracts are being used worldwide n Comparative advantages of FIDIC in relation to other forms of contract n Emerging FIDIC users regions and hot spots Workshop Leaders: Aisha Nadar, Member, FIDIC UPDATES TASK GROUP (United Kingdom) Svend Poulsen, Project Director, ATKINS; Chair, FIDIC UPDATES Post-Conference Workshop: October (09:00-13:00 - Registration & Coffee from 08:30) Successfully Resolving International Disputes Under FIDIC 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 oil and gas projects and who wish to employ sound strategies for avoiding, managing and resolving disputes in an effective manner. Particular areas of focus include: n Dispute avoidance strategies n Common areas giving rise to disputes n Effective claims strategy and management n DAB process and enforcement of DAB decisions n ADR options: including early neutral evaluation, mediation and other processes n Arbitration: choice of seat and procedural rules - what are the available and preferred options n Arbitration: fast track arbitration and options for controlling time and costs in an arbitration n Arbitration: domestic and international enforcement of arbitral awards n Investment treaty protection for major projects Workshop Leaders: David Brown, Partner, CLYDE & CO (France) Leo Grutters, Adjudicator, Dispute Board Specialist, Member FIDIC PRESIDENT S LIST (Germany) To register or for the latest programme:

6 FIDIC Americas Contract Users Conference Dates: October Primer Day: October 21 Workshop: October 24 Venue: Monaco Hotel, Washington D.C., USA VIP CODe: TT04 Please quote the above VIP code when registering FIVe easy WAYS TO register : Tel: +44 (0) Please remember to quote FKW82397TT : Complete and send this registration form to: : +44 (0) : annie.blundell@informa.com Mail: this completed form together with payment to: Annie Blundell IIR Maple House 149 Tottenham Court Road London, W1T 7AD, UK Web: Payment should be made within 14 days of registration. All registrations must be paid in advance of the event. Your VIP code is given above. If there is no VIP code, please quote FKW82397TT HOW MUCH? Full Event: 2-Day Conference + Primer Day + Workshop 2-Day Conference + Primer Day: 2-Day Conference + Workshop: Book by August SAVE $700 $2,897 SAVE $600 $2,398 SAVE $500 $2,098 2-Day Conference Only: SAVE $400 $1,599 $300 discount for 3rd and subsequent delegates. 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). All discounts are subject to approval. 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. Three easy WAYS TO PAY Additional Requirements Please notify Informa at least one month before the conference date if you have any additional requirements e.g. wheelchair access, large print etc. TERMS AND CONDITIONS Attendance at this Event is subject to the IBC Legal Delegate Terms and Conditions at com/division/ibc-legal/termsandconditions Your attention is drawn in particular to clauses 6, 8 and 14 of the IBC Legal Delegate Terms and Conditions which have been set out below: Cancellation Policy: If you cancel in accordance with this policy, you will receive a refund of your fees paid to IBC Legal (if any):(i) if you cancel your registration 28 days or more before the Event, subject to an administration charge equivalent to 10% of the total amount of your fees plus VAT; or (ii) Book by September SAVE $500 $3,097 SAVE $400 $2,598 SAVE $300 $2,298 Standard Price SAVE $300 $3,297 SAVE $200 $2,798 SAVE $100 $2,498 SAVE $200 $1,799 $1,999 Primer Day Only: $999 $999 $999 Post-Conference Workshop Only: $599 $599 $599 q Cheque: Enclosed is our cheque for... in favour of IIR Ltd Please ensure that the Reference Code FKW82397TT is written on the back of the cheque q Bank transfer: Full details of bank transfer options will be given with your invoice on registration. 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