FIDIC 1999 vs FIDIC 2017 EDITIONS

Transcription

1 MANAGEMENT OF CONSTRUCTION PROJECTS UNDER FIDIC CONDITIONS OF CONTRACTS FIDIC 1999 vs FIDIC 2017 EDITIONS Including panel discussion on TIME-BAR OF CLAIMS UNDER MACEDONIAN LAW at Faculty of Social Studies FON Address: Str. Kiro Gligorov b.b Skopje, R. Macedonia on 07 JUNE, 2018, Skopje, R. Macedonia Tutor: Levent Irmak MSc. Civil Engineer, FFAVE(Master), Dispute Board Member, Expert Witness, Contracts & Claims Consultant, Accredited FIDIC Trainer Managing Director MC2 MODERN International Construction Consulting Corporation Panelists: Darko Spasevski Professor at Faculty of Law Mirjana Markovska Andreska President of Macedonian Society of Construction Law Attorney at law, Mediator & Arbiter Founder of Law Office MARKOVSKA&ANDREVSKI Skopje Vlatko Mihajlov Bs. Civil Engineer, Chartered Quantity Surveyor (FRICS), Recognized FIDIC Practitioner GOLDEN PARTNERS

2 MANAGEMENT OF CONSTRUCTION PROJECTS UNDER FIDIC CONDITIONS OF CONTRACTS FIDIC 1999 VS. FIDIC 2017 EDITIONS Including panel discussion on TIME-BAR OF CLAIMS UNDER MACEDONIAN LAW SEMINAR TUTORS The tutor and panelists are provided by Macedonian Society of Construction Law in collaboration with MC2 MODERN- Turkey. Levent Irmak Mr. Irmak is a Civil Engineer with MSc degree in construction management and the Founder and Managing Director of MC2 MODERN. He started his career in the United States and worked as claims manager for leading construction companies and has been acting as a consultant to construction companies, project owners, engineering and law firms in projects with a total value of over 10 billion USD. He regularly trains on FIDIC contracts and international contract management practices and has served as Dispute Adjudication Board (DAB) member, Expert Witness in international arbitration cases and Contract Advisor in various countries, such as Turkey, Germany, Azerbaijan, Georgia, South Africa, Iraq, Jordan, United Arap Emirates, Kuwait, Kazakhistan and Ethiopia. He has extensive experience mainly in Contracts and Claims Management with special emphasis in preparation and defense against claims with respect to delays, disruptions and acceleration. He has been an invited friendly reviewer of FIDIC forms of contracts and an accredited FIDIC trainer. He is a member and Past-President of the Dispute Resolution Board Foundation (DRBF) Region 2 Board of Directors. ABOUT THE SEMINAR and TOPICS COVERED This one-day training seminar will provide an up-to-date understanding of the main 1999 FIDIC construction forms of contract (Red, Yellow and Silver) and the recently published 2. Edition of FIDIC Conditions of Contract in The seminar begins by introducing FIDIC and the FIDIC suite of contracts, consideration of some important clauses of the Books, comparing and contrasting them with respect to certain key issues and latest developments. A particular focus shall be given to the major revisions introduced with respect to the key aspects of the Conditions in the 2017 Editions. The seminar will cover explanations, illustrations and case studies for the use of the FIDIC Conditions of Contract. Additionally, participants of the seminar will be provided with understanding of 10 most common contractual issues on Construction projects. Also, a Panel discussion will be held on the topic held on the topic Time-Bar of Claims (sub-clause 20.1) Under Macedonian Law.

3 Darko Spasevski Darko Spasevski, PhD., is Assistant Professor at the Faculty of Law Iustinianus Primus, Ss. Cyril and Methodius University in Skopje, Macedonia. He gained his PhD degree in He is Assistant Professor in the area of Business Law (he teaches courses Business Law, International Commercial Law, E-Commerce Law). He has been participant at international study programs and visits such as: 2012 Summer University of Continental Law, organized by Fondation Pour le Droit Continental, Paris, France; 2010Law and Business in Europe, organized by Instituto Universitario di Studi Europei and Centro Studi Sul Federalismo, Turin, Italy; 2010 International Summer School at IT Law, Institut für Rechtsinformatik, Leibniz University, Hanover, Germany and 2009 Munich University Summer Training in German and European Law, Ludwig Maximilian University Faculty of Law, Munich, Germany. Mirjana Markovska Andreski Mirjana Markovska Andrevski - attorney, mediator and arbiter. Founder of one of the biggest law offices in Macedonia Markovska & Andrevski Skopje (established in 1997). President of the Macedonian Society of Construction Law. With more than 20 years of experience in the area of foreign investment, corporate law and industrial property rights, legal advocaty and legal counseling in court procedures and conduct procedures of arbitration and mediation. Expert on foreign investments with extensive experience in establishment and development of trade companies. Vlatko Mihajlov Vlatko MIHAJLOV is a Bachelor in Science Civil Engineer and also a Chartered Quantity Surveyor with extensive domestic and International practical experience in Contract and Claims administration. Currently engaged on the largest Construction sites in the Balkan region, Construction of Highway Bar- Boljare in Montenegro, where acting as a Contract and Claim Expert in behalf of the Engineer- INGEROP- France. Vlatko specializes in Claim Management, Planning and Programming, Delay and Disruption of works, and has extensive International experience with various design and build contracts. Vlatko has worked on or carrying out services for projects in Macedonia, Croatia, Bulgaria, Albania, Kosovo, Montenegro, Qatar, Nigeria and Afghanistan, India. WHO SHOULD ATTEND? The training seminar provides the essential knowledge to lawyers, economists and construction professionals who work at Construction Companies, State or Private Employer Organizations, Consulting/ Architecture & Engineering Firms, Sub-Contracting Companies, Lawyers, Financing Institutions, Insurance companies and to those who are involved in managing international construction projects financed by multilateral development banks.

4 PROGRAMME 8:00-8:30 Registration SESSION 1 (8:30-10:00) Introduction - Principles - Evolution of FIDIC Contracts: FIDIC: Organization and Background Evolution of FIDIC Contracts (1987 Versions through 2017 Editions) Structure of 1999 FIDIC Suites of Contracts & Revisions in nd Edition Questions and Answers 10:00-10:30 Coffee Break SESSION 2 (10:30-12:00) Use of FIDIC Contracts in Macedonia and the Region Common Problems Encountered in Construction Projects (from the perspective of Contractors, Employers, Engineers, Lawyers) Issues relevant to Project Start-up, Commencement, Progress, Payment, Taking-over, Termination, Claim Procedures, Dispute Resolution (Such as Late Commencement of the Works, Site Possession vs Site Access, Under-Certification of Payments, Reducing Rate of Work, Reasonable Periods, Engineer s Power to alter the Contractor s Sub-Clause 8.3 Programme, Claim Procedure and Detailed Particulars for Claims, Employer s claims, Formalizing Contractual Dispute) 12:00 : 13:00 Snack Break SESSION 3 (13:00-14:30) Considerations towards Successful Resolution of the Common Problems Understanding the Roles, Responsibilities and Liabilities of the Parties and the Engineer Understanding the Importance of Works Programme 14:30-15:00 Coffee Break SESSION 4 (15:00-16:30) PANEL DISCUSSION (Claims, Disputes and Arbitration) Notice of Claim, SC20.1 Time Bar DAB Dispute Adjudication Board (Role, Duties, Qualifications, Practical Information on How DAB operates) Arbitration Questions & Answers Important Note: The Course will be presented only in English language Throughout the seminar, there will be opportunities for questions, Sample Cases to be studied and interactive work exercises involving different contract clauses and circumstances. Training Seminar Fee includes snacks, coffee/tea breaks, tuition, attendance certificate and documentation.

5 REGISTRATION FORM MANAGEMENT OF CONSTRUCTION PROJECTS UNDER FIDIC CONDITIONS OF CONTRACTS FIDIC 1999 VS. FIDIC 2017 EDITIONS Including panel discussion on TIME-BAR OF CLAIMS UNDER MACEDONIAN LAW on 7 June 2018 at Faculty of Social Studies - FON Adress: Str. Kiro Gligorov b.b. 1000, Skopje Please complete in BLOCK CAPITALS; details to appear on name badges. Terms and Conditions 1) SEMINAR FEE, REGISTRATION & PAYMENT RECEIPTS The full fee is payable in advance in Euro or Macedonian denar and includes the cost of all snacks, coffee/tea breaks, tuition, course certificate and documentation. Please note that the registration process shall not be complete until the signed Registration Form and Payment are received by us. Once both received, we will confirm it with the registered delegate by an acknowledgement via . We reserve the right to refuse admission or withhold materials if payment is not received and to adjust invoices to reflect changes in VAT if any. Companies and individual delegates are most welcomed to join Macedonian Society of Construction Law by filling the membership form enclosed to this brochure in Macedonian Language. Membership for the first year is free of charge. Companies and delegates are most welcomed to support the work of MSCL by sponsorship of the event. Mr/Mrs/Miss/Ms (First & Surname): Job Title: Company: Address: Delegate & Company details: 2) CANCELLATIONS Cancellations by delegates must be made in writing and received no. 1000, Skopje, Macedonia later than 14 days before the seminar, in which event we will refund the fee less 50% cancellation charge to cover administration costs. After this date it is regretted that no refunds of fees will be made and the full registration fee will be payable. For registrations made within two weeks of the date of the seminar, no refund shall be made. Substitutions may be made at any time. Contry: Telephone: Fax: Cellphone: 3) CANCELLATION BY ORGANIZERS We reserve the right to cancel the event if it is under-subscribed or for any other reason. In the event of cancellation, we will refund the seminar fee in full. It may also be necessary for reasons beyond the control of the Organizers to change the contents, the tutors, the date or the venue of the seminar. In case of postponement, registered delegates have the right to choose to attend the seminar on the new dates or to request for refund. Organizers shall not be held liable for any pre-booked travel or accommodation costs in case of cancellation or postponement. Registration Fee per delegate: See Terms of Reference Payment Method: 4) HOTEL ACCOMMODATION Bank Transfer payable to: Makedonsko Opshtestvo za Gradezno Pravo ul Orce Nikolov Skopje, Macedonia For Payment in: EUR MKD Delegates must arrange for their own hotel accommodation and payment thereof. 5) BANK CHARGES AND TAXES All bank-charges for Wire Transfers or Deposits are the delegate s responsibility and shall be invoiced to the delegate if it is charged to our account. All taxes shall be born by the delegates as an addition to the above seminar fees (Point 1). Registration Fee: Company delegate(s) Individual delegate(s) Members of MSCL 30 Euro 10 Euro None-members 60 Euro 30 Euro How to Register By completed Registration Form to: contact@mscl.mk By Phone: Phone us to start registration process at (+389) I have read and accept the above Terms and Conditions. Name: Job Title: Signature: For any questions, please call (+389) contact@mscl.mk

6 Makedonsko Opshtestvo za Gradezno Pravo ul Orce Nikolov Skopje, Macedonia Tel: (+389) MC2 MODERN International Construction Consulting Corporation Saray Mah. AKKOM Ofis Park CESSAS Plaza 2. Blok Kat.10 Umraniye, Istanbul, Turkey Tel: / info@mc2modern.com