Successful Construction Contracts Management using FIDIC Suite of Contracts

30-31 Oct, 2023, Remote Online Training - Public

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Prof R Venkat

LLM (UK), B. Eng., C.Eng., FCIArb, FCMA,MRICS, PGDBA

Professor of Practice-Law, Manipal Law School

Trainer, Consultant , Author and Expert

Co-founder, C Cubed Consultants Limited

 

Prof. Venkat has over 38 years of experience in every aspect of Engineering and Construction projects and he has worked with leading consultants and international contractors across various GCC counties and Asia in several Turnkey and PPP projects in the solar power, energy and infrastructure sector.

 

Prof. Venkat is an author, consultant and an experienced trainer on various topics related to Contracts, Procurement, Commercial management, Claims administration and Dispute resolution and he has trained over 2500 senior construction professionals during the past 6 years across GCC, Sri Lanka, Malaysia, Singapore, Thailand, Indonesia and India. Venkat is a visiting lecturer at British University in Dubai, Indian Institute of Technology, Chennai for the Master level courses in construction law and construction management. His paper shave been published in leading construction and arbitration journals. Venkat has assumed the responsibility of Professor of Practice -Lawat Manipal Law School and he is an Accredited Teaching Faculty at CIArb, UK.

 

Prof Venkat is one of the founding partners of ‘C Cubed Consultants’, a Contracts and Claims Management consultancy based in UAE. He has advised Clients, Contractors on various aspects of contractual matters including procurement, negotiation and also helps them to resolve their disputes in an amicable and practical way.

 

Venkat has been listed as an arbitrator at India, Kuala Lumpur, Dubai and Hong Kong. He acts as an Expert Witness in construction arbitrations involving delay and quantum claims

Venue Details

Remote Online Training - Public

Contact us

Juliany,
03 2283 6109
juliany@ipa.com.my

Phoebe,
03 2283 6100
phoebe@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Jane,
03 2283 6101
Jane@ipa.com.my

ADDRESS 
A-28-5, 28th Floor, Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
www.ipa.com.my

FOCUSING ON
  • Session 1: Construction Contract Fundamentals
  • Session 2: Procurement And Tendering Challenges
  • Session 3: Contract Parties, Obligations And Rights
  • Session 4: Managing Contract Resources Staff, Labour, Plant And Material
  • Session 5: Time Scheduling
  • Session 6: Cost Elements Of A Project Including Variations.
  • Session 7: Contract Termination
  • Session 8: Risk, Liability And Insurance
  • Session 9: Managing Claims
  • Session 10: Dispute Resolution And Tips
OBJECTIVES

Construction is a complex business and even termed as “risky” at times. Although the concept of a contract may be a simple concept, Construction Contracts creation and administration is not an easy job. Unlike other sectors like manufacturing, in construction the asset is being built in a specific place (immovable) and risks associated with ground conditions, environmental factors are many. Further due to multiple stakeholders who are all competing for their own profits, there is always chances for disputes.

Construction Contracts require careful consideration of various facts and diligent drafting to start with. In addition, the administration of the contract from inception to completion requires special skills, which we are going to discuss during our two-day course.

FIDIC is one of the oldest professional organisation (1913) and they promote harmony in the Construction industry through their Standard form of Contracts since 1957. Their suite of contracts, which is called ‘Rainbow suite’ are extremely popular in the international construction market and extensively used by the World Bank, United Nations and in several countries in the Far East, Middle East and Latin America. Their Suite has become a benchmark for construction, engineering and renewable energy projects across all jurisdictions.

In this Master Class the Course Leader would explain the Best Practices For Successful Procurement, Administration And Claims/Dispute Management Of Construction Contracts at depth. Practical examples and live case studies would be discussed, and the course will be highly interactive

.
AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. Understanding The Best Procurement Practices.
  2. Knowing Which Form Of Contract Would Be Suitable For A Given Requirement.
  3. Learning How To Minimize The Project Duration
  4. Managing Tendering Risks.
  5. Learning How To Successfully Administer The Contract From Inception To Completion.
  6. Understanding The Legal Aspects Like Misrepresentation And Application Of Law.
  7. Knowing Sound Scheduling Principles.
  8. Understanding How To Manage Change Of Work, Variation.
  9. Knowing The Termination Provisions.
  10. Understanding The Importance Of Claim Notices And Claim Procedures.
  11. Knowing Various Dispute Resolution Mechanisms.
WHO SHOULD ATTEND
  • Professionals Involved In Procurement
  • Project Engineers/Project Managers
  • Estimation And Tendering Teams
  • Construction Managers
  • Cost Engineers/Quantity Surveyors
  • Planning/Scheduling Engineers/Managers
  • Contract Managers
  • Legal Professionals Involved In Construction Projects
  • Finance Teams/Auditors/Accountants
METHODOLOGY
  • Interactive Lectures
  • Quizzes
  • Case Studies & Presentations
  • Questions & Answers
Day 1
9:00

SESSION 1: CONSTRUCTION CONTRACT FUNDAMENTALS

  • How Is A Valid Contract Formed? Significance Of Implied Terms In A Construction Contract
  • Why Use A Standard Form? Selecting The Appropriate Form From The FIDIC Rainbow Suite (Red, Yellow Or Silver?) Salient Features Of International Construction Projects
10.45

SESSION 2: PROCUREMENT AND TENDERING CHALLENGES

  • How To Choose A Procurement Route, Procurement Strategies, Preparation Of Tender Documents, Procurement Risks, Priority Of Documents, Misrepresentation
12.00

SESSION 3: CONTRACT PARTIES, OBLIGATIONS AND RIGHTS

  • Employer, Engineer And Contractor’s Obligations And Rights, Subcontracting, Privity Of Contract, Pros And Cons Of Subcontractor Nomination, Engineers Power And Rights, Oral Instructions, Engineer’s Determination
1:00 Lunch
2:00

SESSION 4: MANAGING CONTRACT RESOURCES STAFF, LABOUR, PLANT
AND MATERIAL

  • Health And Safety, Local Laws, Obligation For Quality Of Work And Workmanship, Ownership For Plant And Materials Delivered, Testing Of Works, Acceptance Standards, Rejection And Remedial Of Work
3:45

SESSION 5: TIME SCHEDULING

  • Understanding Baseline Program, Delays Caused By Statutory Authorities, When The Contractor Is Entitled For An Extension Of Time, Delay Notices And Its Importance, Sectional And Partial Taking Over, What Is A Defect, Defects Notification And Liability Explained.
5:00 End of Day 1
Day 2
9:00

SESSION 6: COST ELEMENTS OF A PROJECT INCLUDING VARIATIONS.

  • Measurement Standards, Engineer’s Right To Instruct Variations, Assessment Of Cost For Variations, Implementing Change Management, Owner’s Perspective, Payment Certificates, Remedy For Delayed Payments, Interest Calculation, Retention Monies
10.45

SESSION 7: CONTRACT TERMINATION

  • Termination Rights For Employer And Contractor, What Is A Substantial Breach, Termination Without Any Breach, Calculating Cost Of Terminated Work, Entitlement Of Profit On Termination
12.00

SESSION 8: RISK, LIABILITY AND INSURANCE

  • Risk Allocation: FIDIC Guidelines, Types Of Insurances Taken Like Contractors All Risk, Professional Indemnity etc., Force Majeure Explained, Learnings From COVID Pandemic, Mitigating Force Majeure Risks
1:00 Lunch
2:00

SESSION 9: MANAGING CLAIMS

  • Procedural Requirement, Importance Of Timely Notice, Owner’s Claim Procedure, Contractor’s Claim Procedure, Claiming For Loss Of Profit
3:45

SESSION 10: DISPUTE RESOLUTION AND TIPS

  • Dispute Resolution Under FIDIC, Dispute Boards, ADR Procedures, Arbitration, How To Avoid Disputes And Learnings From Past Experience For Successful Contract Administration.
5:00 End of Course