Course objective

• Among Contractor, Owner Consultant, Who is responsible for what?
• The Range of Possible Contractual Situations that can arise.
• The Actions required to be taken to Minimize Delay and your Contractual Liability.
• Recommended Contractual Procedures.
• The Documentation to be generated, including that for resolving usual disputes.
• Situations under which you should consult your Legal Advisers.

Who Can Benefit?

• Employees in the management of contracts and procurement

Course outline

• Introduction to FIDIC Form of Contracts
• Rights, Obligations and Responsibilities of each of the parties to the Contract
• Analysis - Recommended Contract Administration Procedures to be followed for each of the Contract Provisions
• Delegation of Authority. Supervision of Works.
• Operation Maintenance Instructions.
•  Responsibility for Setting-out accuracy.
• Owner Supplied Materials.
• Lifting equipment, Electricity Water and Gas.
• Program of Works Issues:
  • Status of the different programs
  • Approval, Rejection
  •  Methods of Working
  • Checking program
  •  Updating program, Revised program, Acceleration of works, CPM etc..
• Extension of Time for Completion
  • Entitlement, Critical path
  • Addition and omission to works
  •  Grouping instructions, Extension of time given
  • Timing of extension of time, Acceleration. Expedite works
  • Accelerate, Failure to expedite, Progress measurement methods.
• Unforeseen Site Conditions.
  • Sub-surface data provided
  • Disclaimers, Pre-tender site inspection
  •  Obligations of the parties
  •  Make own interpretations"
  • Contractor to satisfy himself before tendering.
  •  Expert interpretations, justified assumptions, Administrative provisions, Tests for As-far-as-practicable Anticipatibility.
• Possession of Site
  • Extent of possession of site
  •  Concurrent occupation
  •  Safety-OSHA
  • Interference
  • Foundations.
• Testing and Workmanship
  •  Contractual requirements
  •  Investigations to ascertain cause of defect
  •  Failure to check, Ambiguities
  •  Reimbursable tests
  • Improper rejection
  •  Commercial waste
  •  Inspection and testing during manufacture.
• Completion of Works
  •  Test for Substantial Completion
  •  Outstanding Works
  •  Maintenance Certificate
  •  Risks Transfer on Substantial Completion
  • Final Approval of Works
  •  Unfulfilled Obligations
  • Completion of Contract.

• Variation or Change Orders
  •  Contractual Provisions and its Limitations
  •  Performance Outside Contract Requirements
  •  Variation Work to other Contractors
  •  V.O. to Change Program
  •  Specialized Work
• Valuation of Variations Claims
  •  Dispute Resolution, Submission of Details.
• Payment Conditions
  • Default by Contractor
  • Default of Owner
  • Frustration of Contract
  • Measurement of Works
  • Standard Method of Measurement (SMM)
• Suspension of Works, Suspension for Long Periods, Urgent Repairs or Works.
• Escalation Provisions
• warranty, Guarantee, Bonds Insurance.
• Design Professional and Engineering Contractor Standard FIDIC Contracts.

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