FIDIC Claims: Management of Claims and Resolution of Disputes

Claims are an inherent part of FIDIC contracts, and this five-day training program is designed to provide practical, hands-on support for managing and resolving claims under the FIDIC Conditions of Contract (1999 and 2017 Editions). The course focuses on effective claim handling, dispute management, and the role of the Dispute Adjudication Board, within the framework of the FIDIC Red Book and Yellow Book. Led by an experienced professional engineer with extensive international expertise, the program equips participants with a clear understanding of contractual rights, obligations, and claim procedures, reinforced through real case studies and practical exercises to ensure successful application in real projects.

TRAINING TOPICS

• Managing variations     
• The management of claims
• The responsibilities of the main parties
• The resolution of disputes
• Arbitrating claims

By the end of this training course, delegates will be able to

• Understand the claim and dispute resolution procedures under FIDIC Conditions of Contract
• Recognize practical issues encountered on projects as to claims and disputes, and how to address those
• Summarize recent FIDIC case law and other authorities as to claims and dispute matters
• Apply practical/hands-on feedback and insights from an experienced FIDIC practitioner and a claims consultant
• Demonstrate the necessary knowledge, advice and insights in order to navigate through the FIDIC claim and dispute provisions on their projects

TRAINING IS TAILORED TO

This course provides the necessary knowledge for professionals from Government Ministries and Agencies, Private Sector Employers, Consulting Engineers, Contractors, Construction Managers, Quantity Surveyors, Architects, Legal Advisers, Funding Agencies, Insurers, and all others involved with FIDIC Contracts.

 TRAINING METHODOLOGY

The training methodology combines theory with hands-on practice to ensure deep understanding and effective application. Sessions are highly interactive, using lectures, group discussions, case studies, simulations, and role-playing to engage participants and address different learning styles. Continuous assessment and feedback are embedded throughout the program to monitor progress and close learning gaps. This holistic approach equips participants with both the knowledge and practical skills needed to confidently apply the concepts in real professional settings.

DAY ONE:  

INTRODUCTION TO FIDIC 

• General Introduction
• Introduction to the FIDIC Contracts 

MANAGING VARIATIONS     

• Variations covered by Clause 13 and related clauses
• Definition
• Initiation and instruction of variations
• Role of the Engineer
• FIDIC approach (Construction versus Plant and Design-Build Contract) 

DAY TWO:  

THE MANAGEMENT OF CLAIMS

•  Claims: causes and risks
• Inherent project risks
• Allocation of risks under FIDIC contracts
• Analysis of contractual risk
• Notices and claims procedures
• Clauses requiring notice by the Contractor
• Employer’s/Engineer’s claims (Sub-Clause 2.5)
• Delegation by the Engineer (Sub-Clause 3.2)
• Contractor’s claims (Sub-Clause 20.1)
• Notification of claims
• Contemporary records
• Preparation of claims
• Engineer’s assessment and principles of claim
• Engineers’ valuation
• Engineer’s determination (Clause 3.5)
• Claims for delay
• Extension of time (Sub-Clause 8.4 and 8.5)
• Force majeure (Sub-Clause 19.4)
• Delay damages
• Claims for additional payment I
• Ground conditions (Sub-Clause 4.12)
• Late possession (Sub-Clause 2.1)
• Breaches of contract
• Employer’s financial claims
• Procedure
• Delay damages
• Defects in works and/or design
• Defects in work and design
• Retention and bonds

 DAY THREE:

THE RESPONSIBILITIES OF THE MAIN PARTIES

 General Issues

• The Employer
• The Engineer
• The Contractor
• Termination by the Employer
• Suspension and Termination by the Contractor
• Risk and responsibility
• Force majeure

 DAY FOUR:

THE RESOLUTION OF DISPUTES

 Dispute Adjudication Board (DAB) principles

• Types of DAB
• Guarantees and general obligations of the DAB
• Nomination of DAB
• Qualifications and selection of members
• Cost and Payments to the DAB
• Dispute Adjudication Board working
• Appointment Failure to agree Referral to the DAB
• Presentation of evidence to the DAB
• The DAB’s decision
• Post-DAB decision processes
• Implementation
• Post-DAB mediation
• Enforcement
• Amicable settlement
• Arbitration

DAY FIVE:

ARBITRATING CLAIMS

• ICC Rules
• Selecting arbitrators
• Use of experts