Use the right tool for the right job in the right way! Use FIDIC contracts! 1

Transcription

1 Use the right tool for the right job in the right way! Use FIDIC contracts! 1 Day 1 Morning March 6 th 1999 AND 2017 EDITIONS WHAT WORKS BEST FOR YOU? LESSONS LEARNT AND THE WAY FORWARD. 08:00 08:30 Registration and coffee 08:30 09:00 Welcome address by: His Honourable Zurab Alavidze Minister, Ministry of Regional Development and Infrastructure, Georgia Alain Bentejac, FIDIC President, France His Excellency Mr. JANOS HERMAN, Ambassador of the European Union to Georgia Daduna Kokhreidze, Association of Consulting Engineers of Georgia (ACEG) President, Georgia 09:00 10:30 Contract Administration. Why? To ensure construction conforms to construction documents; to support the design intent; to lessen project risks, to identify and resolve construction problems early, to supplement the owner /employer s construction knowledge. MODERATOR LEO GRUTTERS, Author of FIDIC 2017 forms of contracts (Red, Yellow, Silver) and Adjudicator on FIDIC President s List, Germany 10:30 11:00 Coffee break offered by [sponsor] 11:00 12:30 Contract Administration. How? Good communications (both reporting and facilitating communication); clear and comprehensive record keeping (inclusive of documentation changing-amendments, instructions) and reporting; timely replies to requests for information, various *It carries 12 Professional / Knowledge CPD hours for engineers, project managers and procurement professionals and legal profession.

2 submittals and certification for payment; focus on quality construction through the contract requirements during completion. MODERATOR BRIAN BARR, Adjudicator on FIDIC President s List, United Kingdom 12:30 13:30 Lunch break offered by [sponsor] 13:30 15:00 Role of the Engineer The role of the Engineer is to administer the Contract edition clearly defines the role and function as Contract administrator [ ], 2017 edition reflects [ ] an increasing need for a more prescriptive, project - management oriented type of Contract for the Engineer (and the Parties) to follow. 2 MODERATOR JOHN GREENHALGH, Author of FIDIC 2017 forms of contracts (Red, Yellow, Silver) and Greenhalgh Associates - Quantity Surveying / Contract Management, Director, United Kingdom 15:00 15:30 Coffee break offered by [sponsor] 15:30 17:00 Engineer and Dispute Avoidance / Adjudication Board effective dispute resolution All parties to the contract wish to have a successful project. This requires not only a fair and balanced contract which sets out the role of the parties, but also ways to ensure any issues which may arise are dealt with promptly and fairly. - evolution of the Engineer s role, and introduction of DAB to deal with disputes. FIDIC now takes another step with dispute avoidance, undertaken by project team members through a DAAB. MODERATOR WILLIAM GODWIN QC, Author of FIDIC 2017 forms of contracts (Red, Yellow, Silver) and Matrix Seminar, United Kingdom 2 Simon Worley, 2017

3 17:00 17:10 Conclusions of first day Conclusions of first day by Leo Grutters, Author of FIDIC 2017 forms of contracts (Red, Yellow, Silver) and Adjudicator on FIDIC President s List, Germany 18:30 Cocktail for delegates Day 2 Morning March 7 th 1999 AND 2017 EDITIONS - SAME STORY, DIFFERENT VERSION? 08:00 08:45 Central Eastern European and Eurasian Countries group breakfast meeting 08:00 08:45 Best Practices in adapting the FIDIC forms of contracts and agreements to national requirements in the Central Eastern European and Eurasia region In practice, public authorities allocate more time to awarding contracts than to administering existing contracts. This often leads to problems in contractor performance, cost overruns, and delays in receiving goods and services. Several other deficiencies have been noted such as unclear roles and responsibilities of the contract coordinators, excessive backlog in contract closeout and incurred costs audits, improperly trained officials performing contract oversight, unclear statements of work that hinder contractor performance, and inadequate guidance on IPC processing and contract completion. MODERATORS: GIORGIANA TECUCI, FIDIC - Central Eastern European Countries group coordinator, Romania and DADUNA KOKHREIDZE, ACEG Association of Consulting Engineers of Georgia President 08:30 08:55 Welcome Coffee offered by [sponsor] 09:00 10:30 Design across FIDIC contracts and agreements The quality of the design reflects on the quality of the construction project success: the provision of a well-defined scope of work; (budget for) qualified, trained and experienced staff; (budget for) adequate field information prior to design; provisions

4 for timely decisions of the owner/employer and design professional; contract to perform necessary work at a fair fee with adequate time allowance MODERATOR VINCENT LELOUP, Author of FIDIC 2017 forms of services agreements and FIDIC Contracts Committee, Member, France White Book Yellow Book Gold Book Dredging and reclamation Works Book Tunnelling and Underground Works Book 10:30 11:00 Coffee break offered by [sponsor] 11:00 12:30 Variation clauses from the public / MDB procurement perspective In general, under the 2014 EU Directives, modifications are possible but within very strict boundaries and only in the specified situations: changes must be pursuant to a clear, precise & unequivocal review/option clause. But what constitutes clear and precise terms, or substantial alteration or overall nature? How are FIDIC standards responding to these challenges? MODERATOR AISHA NADAR, Author of FIDIC 2017 forms of contracts (Red, Yellow, Silver) and FIDIC, Board of Directors - Member, Sweden 12:30 13:30 Lunch break offered by [sponsor] 13:30 15:00 Understanding how the [1999 and 2017] FIDIC Contract deals with time Commencement Date, delays, delay damages, extensions of time, early warning, suspension, tests on completion, taking over and test after completion - common law v. civil law perspectives vetoed by delay experts and adjudicators. MODERATOR JEREMY GLOVER, Legal Reviewer of FIDIC 2017 forms of contracts (Red, Yellow and Silver) and Fenwick Elliott, Partner, UK UAE Common Law Lawyer s perspective Civil Law Lawyer s perspective Delay Expert s perspective

5 Adjudicator s perspective 15:00 15:30 Coffee break offered by [sponsor] 15:30 17:00 Payments. Good management and parties satisfaction Timely payments of contractors are crucial for ensuring the continuity of works and completion of infrastructure projects within time, budget, and quality specifications. There is a need for appropriate mitigation measures against (potential) risks such as delayed disbursement of funds by external financiers, delayed approval of contractors (payment) requests, as well as delays caused by the need to check the management of project funds (by independent / public auditors). MODERATOR ZOLTAN ZAHONYI, Co-ordinator of FIDIC 2017 forms of contracts (Red, Yellow, Silver) and FIDIC Contracts Committee, Chair, Hungary 17:00 17:05 Conclusions of the day Conclusions of the day 2 by Aisha Nadar, FIDIC, Executive committee, Sweden