Introduction to FIDIC

Transcription

1 Introduction to FIDIC Fédération Internationale Des Ingénieurs-Conseils (FIDIC) Javad HADDAD P.E., M. ASCE, M. WFEO-CECB, M.FIDIC-CBC Founder and Chief Executive Officer TETYS International PJS FIDIC Affiliate Member FIDIC Accredited Training Supplier

2 Agenda FIDIC History FIDIC Establishment 100 Years of Excellence FIDIC Organization Executive Committee Committees Secretariat FIDIC Groups (GAMA, EFCA, ASPAC, FEPAC) FIDIC Membership Member Association Associate Member Affiliate Member Young Professionals YPMTP Conferences Annual Conferences Contract Users Conferences Accredited Modular Trainings Guide to Practice Contracts and Agreements Publications Contracts and Agreements Guide to Practice FIMS PSM

3 Introduction to FIDIC FIDIC History As a result of a Research for Independent Expert Consultants for the World Fair Exhibitions in 1913, a number of Consulting Engineers met to discuss the possibility of forming a global Federation. The meeting was a success in that it led to the formal constitution on 22 July 1913 of FIDIC, Fédération Internationale des Ingénieurs Conseils, or later, the International Federation of Consulting Engineers. The founding principles adopted were Quality, Integrity, and Sustainability. There were 59 participants at the inaugural meeting; official delegates from Austria, Belgium, Canada, Denmark, France, Germany, Hungary, Netherlands, Russia, Switzerland, the United Kingdom and the USA. Three countries, Belgium, France and Switzerland decided to found the Federation. The other countries maintained provisional links during the initial years. However, due to the World Wars and other major political disturbances, FIDIC development was slow until the late 1940 s. The number of Member Countries changed constantly, and all came from Europe. In 1959, they were joined by Australia, Canada, South Africa, and the USA. This made FIDIC a truly International Federation.

4 Introduction to FIDIC FIDIC Establishment Established in 1913 by Consulting Engineering Associations of: France Belgium Switzerland

5 Introduction to FIDIC 100 Years of Excellence

6 Introduction to FIDIC FIDIC Organization Executive Committee (9 Members) President Vice-president or President Elect Treasurer 5 other EC Members + Managing Director

7 Introduction to FIDIC FIDIC Organization Committees APA (Assessment Panel for Adjudicators) CC (Contracts Committee) CBC (Capacity Building Committee) BPC (Business Practice Committee) QMC (Quality Management Committee) SDC (Sustainable Development Committee) IMC (Integrity Management Committee) RLC (Risk and Liability Committee) MemC (Membership Committee)

8 Introduction to FIDIC FIDIC Organization Secretariat Managing Director Commercial Director Deputy- Director Training Manager Events Coordinator Accounts and Human Resource Bookshop Manager Design and Publications Manager Executive Administrator

9 Introduction to FIDIC FIDIC Organization FIDIC Groups GAMA (Group of African Member Associations supports the regional activities of FIDIC's National Member Associations and Associate Members of some 30 African States.) ASPAC (FIDIC National Member Associations in the Asia-Pacific region are grouped together in ASPAC.) EFCA (European Federation of Engineering Consultancy Associations) FEPAC (Pan-American Federation of Consultants- Fedaración Panamericana de Consultores)

10 Introduction to FIDIC FIDIC Membership Member Associations 95 National Consulting Engineering Associations up to the end of the year Associate Members Affiliate Members 29 Firms in the World up to the end of the year 2012.

11 Introduction to FIDIC FIDIC Young Professionals Individual Engineers under the age of 35 are defined as FIDIC-YP. FIDIC YP Mission: Networking for the Consulting Engineering Industry's Young Professionals! Exchange opinions - Share information! YPF Business Plan National Member Association YP Forums Several FIDIC Member Associations operate Young Professionals Forums. Activities are: Coordination; Exchange Programmes; On-line Discussion Forums; Board and Committee Participation; In-company Young Professional Groups; Facilitation for Overseas Projects.

12 Introduction to FIDIC FIDIC Young Professionals Countries with YP Forums are; Australia Future Net - Iran - China - Japan - Malaysia YP Club - Netherlands - South Africa - UK Progress Network YPMTP Management Training The FIDIC Young Professionals Management Training Programme is a Seven-month Interactive Training Programme in Business Practice for future line managers. It has been running from the year 2004 by close coordination between Mr Steen FREDRICKSON and FIDIC Secretariat.

13 Introduction to FIDIC FIDIC Conferences Annual Conferences 2010 (New Delhi-INDIA) 2011 (Davos-SWITZERLAND) 2012 (Seoul-SOUTH KOREA) 2013 (Barcelona-SPAIN) Centenary Conference 2014 (Rio-BRAZIL) 2015 (Amman-JORDAN)

14 Introduction to FIDIC FIDIC Conferences FIDIC Contract Users Conferences 4-day Contract Users Conferences including Seminars and Workshops in: Europe South America Middle East Far East

15 Introduction to FIDIC FIDIC Accredited Modular Trainings Guide to Practice (G2P) FinM (Financial Management) FirM (Firm Management) BD (Business Development) FO (Firm Organization) PSM (Project Sustainability Management) EM (Environmental Management) RM (Risk Management) QM (Quality Management) FIMS (FIDIC Integrity Management System) IPM (Integrated Performance Measurement) PM (Project Management for Consulting Engineers)

16 Introduction to FIDIC FIDIC Accredited Modular Trainings Procurement Capacity Development and Procurement

17 Introduction to FIDIC FIDIC Accredited Modular Trainings Contracts and Agreement Trainings Module 0 (FIDIC Model Service Agreements) Module 1 (Practical Use of FIDIC Contracts) Module 1A (Practical Use of FIDIC Contracts-Advanced Concept) Module 2 (Claims and Dispute Resolution) Module 2A (Claims and Dispute Resolution-Advanced Claim Management) Module 3 (Dispute Adjudication Boards) Module 3A (Dispute Adjudication Boards-Detailed Procedures) Module 4 (Contracts Management and Administration) FIDIC DBO Contract FIDIC EPC/Turnkey Contract FIDIC Construction Subcontract

18 Introduction to FIDIC FIDIC Publications Model Contracts Green Book-1999, Red Book-1999, Yellow Book-1999, Silver Book-1999, Gold Book-2008, Model Agreements Client/Consultant Agreement (White Book-2006), Representative Agreement, Joint Venture Agreement, Sub-consultancy Agreement, FIDIC Guide to Practice, FIDIC Integrity Management Guide, FIDIC Project Sustainability Management Guide, FIDIC Quality Management Guide,

19 An Introduction to FIDIC Agreements and Contracts Part One: FIDIC Agreements Javad HADDAD P.E., M. ASCE, M. WFEO-CECB, M.FIDIC-CBC Founder and Chief Executive Officer TETYS International PJS FIDIC Affiliate Member FIDIC Accredited Training Supplier

20 Agenda Client/Consultant Model Service Agreement (White Book-2006) Representative Agreement (2004) Joint Venture Agreement (1992) Sub-consultancy Agreement (1992)

21 Client/Consultant Model Service Agreement (White Book-2006)

22 Client/Consultant Model Service Agreement (White Book-2006) Agreement Particular Conditions General Conditions

23 Client/Consultant Model Service Agreement (White Book-2006) Particular Conditions A. References from Clauses in GCC B. Additional Clauses C. Appendices 1. Scope of Services 2. Personnel, Equipment, Facilities and Services of others to be provided by the Client 3. Remuneration and Payment 4. Time Schedule for Services

24 Client/Consultant Model Service Agreement (White Book-2006) General Conditions 1. General Provisions 2. The CLIENT 3. The CONSULTANT 4. Commencement, Completion, Variation and Termination 5. Payment 6. Liabilities 7. Insurance 8. Disputes and Arbitration INDEX OF SUB-CLAUSES

25 Representative Agreement (2004)

26 Representative Agreement (2004) Agreement Particular Conditions General Conditions

27 Representative Agreement (2004) Particular Conditions A. References from Clauses in GCC B. References from Appendices 3 and 4 C. Appendices 1. Scope of Services 2. Basis of Remuneration 3. Consultant s Code of Conduct 4. Consultant's Business Integrity Policy Statement

28 Representative Agreement (2004) General Conditions 1. Definitions 2. Interpretation 3. Scope of Representation 4. Limits of Representation 5. Warrants 6. Remuneration 7. Consultant's Rights 8. Currency, Exchange and Taxes 9. Termination 10. Notices 11. Registrations 12. Liability 13. Arbitration and Governing Law 14. Confidentiality 15. Corruption 16. Miscellaneous INDEX OF SUB-CLAUSES NOTES FOR GUIDANCE

29 Joint Venture Agreement (1992)

30 Joint Venture Agreement (1992) Agreement Conditions and Terms Schedules

31 Joint Venture Agreement (1992) Conditions and Terms 1. Definitions and Interpretations 2. Joint Venture 3. Proposal Submission 4. Performance of the Work 5. Language and Law 6. Exclusivity 7. Executive Authority 8. Documents 9. Personnel 10. Assignment and Third Parties 11. Severability 12. Member in Default 13. Duration of the Agreement 14. Liability 15. Insurance 16. Promotional and Project Costs, Profits, Losses, and Remuneration 17. Financial Administration and Accounting 18. Guarantees and Bonds 19. Arbitration 20. Notices 21. Sole Agreement and Variation

32 Joint Venture Agreement (1992) Schedules 1. Project and Agreement Particulars 2. Financial Administration Services 3. Allocation of the Obligations 4. Financial Policy and Remuneration

33 Sub-consultancy Agreement (1992)

34 Sub-consultancy Agreement (1992) Agreement Conditions and Terms Schedules

35 Sub-consultancy Agreement (1992) Conditions and Terms 1. Definition and Interpretation 2. General Provisions 3. Obligations of Sub-consultant 4. Obligations of Consultant 5. Liability 6. Insurance 7. Suspension and Termination 8. Exceptional Services 9. Arbitration

36 Sub-consultancy Agreement (1992) Schedules Schedule 1: Project and Agreement Particulars Schedule 2: Scope and Program of the Sub-consultancy Agreement Schedule 3: Facilities and Equipment to be provided by Consultant Schedule 4: Payment of the Sub-consultant

37 An Introduction to FIDIC Agreements and Contracts Part Two: FIDIC Contracts Javad HADDAD P.E., M. ASCE, M. WFEO-CECB, M.FIDIC-CBC Founder and Chief Executive Officer TETYS International PJS FIDIC Affiliate Member FIDIC Accredited Training Supplier

38 Agenda Green Book-1999 FIDIC Conditions of Contract for Construction (CONS) - Red Book-1999 Pink Book-Red Book MDB Version-2006 Sub-contract for Construction-2010 FIDIC Conditions of Contract for Design Build (P&DB) - Yellow Book-1999 FIDIC Conditions of Contract for EPC Turnkey Projects - (EPCT) - Silver Book-1999 FIDIC Conditions of Contract for Design, Build, and Operate Projects (DBO) - Gold Book-2008 Model Contract for Dredging and Reclamation

39 Which FIDIC Contract Form?

40 FIDIC Short Form of Contract (Green Book-1999)

41 FIDIC Short Form of Contract (Green Book-1999) Agreement General Conditions Rules for Adjudication Notes for Guidance

42 FIDIC Conditions of Contract for Construction (CONS)-Red Book-1999

43 FIDIC Conditions of Contract for Construction (CONS) - Red Book-1999 General Conditions Guidance for the Preparation of Particular Conditions Forms of Letter of TENDER, Contract Agreement, and Dispute Adjudication Agreement

44 Pink Book-Red Book MDB Version -2006

45 Pink Book-Red Book MDB Version General Conditions Guidance for the Preparation of Particular Conditions Forms of Letter of TENDER, Contract Agreement, and Dispute Adjudication Agreement

46 Sub-contract for Construction-2010

47 Sub-contract for Construction-2010 General Conditions Guidance for the Preparation of Particular Conditions of Sub-contract Sample Forms

48 FIDIC Conditions of Contract for Design Build (P&DB) - Yellow Book-1999

49 FIDIC Conditions of Contract for Design Build (P&DB) - Yellow Book-1999 General Conditions Guidance for the Preparation of Particular Conditions Forms of Letter of TENDER, Contract Agreement, and Dispute Adjudication Agreement

50 FIDIC Conditions of Contract for EPC Turnkey Projects (EPCT) - Silver Book-1999

51 FIDIC Conditions of Contract for EPC Turnkey Projects (EPCT) - Silver Book-1999 General Conditions Guidance for the Preparation of Particular Conditions Forms of Letter of TENDER, Contract Agreement, and Dispute Adjudication Agreement

52 FIDIC Conditions of Contract for Design, Build, and Operate Projects (DBO), Gold Book-2008

53 FIDIC Conditions of Contract for Design, Build, and Operate Projects (DBO), Gold Book-2008 Introduction General Conditions Particular Conditions Sample Forms

54 Form of Contract for Dredging and Reclamation Works

55 Form of Contract for Dredging and Reclamation Works Agreement General Conditions Rules for Adjudication Notes for Guidance

56 Thanks for your attention!