FIDIC Contract Users' Newsletter Issue 9

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Contract Users’ Newsletter

www.fidic.org

New contract reprints and guide launched

In a significant development, FIDIC has published reprints of its key contracts together with a new guide to their use. Contracts committee chair, Vincent Leloup, reports.

FIDIC has launched a new series of reprints of its key contract documents, which include amendments and improvements to ensure that these industryleading documents remain up to date and take account of latest industry developments. A new and comprehensive guide to their use has also been published.

With the full backing of the FIDIC contracts committee and the FIDIC board, the 2022 Reprints and a new FIDIC 2017 Contracts Guide have been published to take on board a number of comments and queries raised by users, which have identified further amendments to improve the use of the contracts in practice so helping to keep these leading industry construction contracts relevant and easy to use in a changing industry landscape.

The reprints include the following contracts: -

• FIDIC Construction Contract 2nd Edition (2017 Red Book, Reprinted 2022 with amendments).

• FIDIC Plant and Design-Build Contract 2nd Edition (2017 Yellow Book Reprinted 2022 with amendments).

• FIDIC EPC/Turnkey Contract 2nd Edition (2017 Silver Book Reprinted 2022 with amendments).

The new FIDIC Contracts Guide 1st Edition 2022 (2017 Editions, as reprinted in 2022 with amendments) offers a comprehensive and practical overview of FIDIC’s suite of contracts and for the first time outlines key guidance on the use of these industry leading documents.

Commenting on the launch of the reprints and the new guide, FIDIC president Tony Barry said: “The launch of the reprints and the new guide is a very significant development

for FIDIC. We are proud to provide the global engineering and construction sector with the contract documentation it needs to work smarter and more efficiently and these newly launched publications are updated and amended to take into account feedback from the industry.”

See pages 8-9 for full details of the new reprints and guide.

Published by the International Federation of Consulting Engineers (FIDIC)
ISSUE 9 December 2022
see page 13
Hinkley Point C megaproject using FIDIC contracts
-

Top-tier experts in dispute management, avoidance and

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CMS is a future-facing law firm: we aim to give you an advantage today by anticipating your challenges of tomorrow. Our dedicated ICE Disputes Team focuses on resolving disputes arising in the Infrastructure, Construction and Energy sectors. For all your project advisory, risk management, litigation and alternative dispute resolution needs, you are in safe hands with us. Key contacts at the conference Adrian Bell Partner // CMS UK Co-head of the Infrastructure, Construction and Energy (ICE) Disputes Group T +44 20 7367 3558 E adrian.bell@cms-cmno.com Emma Schaafsma Partner // CMS UK Infrastructure, Construction and Energy (ICE) Disputes T +44 20 7367 2316 E emma.schaafsma@cms-cmno.com
resolution

Work starts on delivering new FIDIC EPCM contract

New FIDIC task group starts work on new Engineering, Procurement and Construction Management (EPCM) contract.

The FIDIC board has agreed to the setting up of a new task group by the FIDIC contracts committee, which will lead over time to the development of a new FIDIC Engineering, Procurement and Construction Management (EPCM) contract.

EPCM contracts can vary in their scope and type, but the proposed FIDIC version is for a contract between an owner or project sponsor and a single EPCM contractor where the contractor provides the following services for the owner or sponsor’s project: -

• Overall engineering and design for the project (but also providing for management, as agent of owner/ sponsor, for some specialty engineering and design/ EPC contractors for sub-elements of the project).

• Procurement, as agent of the owner/sponsor, of the goods, materials, equipment, and construction and related services for the project.

• Management of the construction trade contractors and construction related services providers as agent for the owner/sponsor through completion and commissioning of the project.

EPCM contracts represent a better alternative to other forms of contracting for the design and construction of capital projects. They offer the ability to begin the project with reduced risk before the full scope is developed and can deliver significant schedule savings where ‘time to market’ is critical. They can also offer an ongoing ability of the owner or project sponsor to control the project cost and schedule and also control the design and specification/performance of the project well into its development and delivery phase.

EPCM contracts can also avoid the dilution of accountability and reduction in the number of interfaces and coordination efforts and bring centralised risk identification, management and allocation which can continue to be modified as risks are better understood and defined. They also offer continuity through concept, design, equipment selection and delivery, construction and handover.

The new contract, aimed at the global market, is a significant development for FIDIC in an important area of the international engineering, construction and infrastructure industry. EPCM services represent an additional market offering for the engineering firms represented by FIDIC provided they have the necessary expertise and in some ways these firms may well be better positioned to provide EPCM services versus other providers.

Commenting on the setting up of the task group and the prospect of a new EPCM contract, FIDIC contracts committee chair Vincent Leloup said: “I am delighted that FIDIC has started work on this exciting project. We have assembled a highly knowledgeable task group,

under the guidance of our contracts committee liaison Deryl Earsom and given his experience in the global contracts arena, Deryl is very well placed to lead and understand the challenges of delivering a contract like this.”

FIDIC contract committee liaison Deryl Earsom commented: “We have assembled a knowledgeable group of global professionals representing many parts of the industry, jurisdictions and perspectives to sit on this task group to develop this important FIDIC contract, which we hope will be seen as a crucial project for the international engineering, construction and infrastructure industry.”

The new contract is expected to be launched to market towards the end of 2023.

FIDIC Contract Users’ Newsletter 3 Issue 9 - December 2022

Contracts community gathers in London for must-attend event

FIDIC’s Official International Contract Users’ Conference returns as a face-to-face event in London from 29-30 November 2022.

FIDIC’s contract community will come together at its Official International Contract Users’ Conference in London from 29-30 November 2022 for an indispensable and essential update on FIDIC’s contract suite, as well as discussions on the latest developments in the contracts arena. The conference will highlight key and emerging issues as well as giving attendees the opportunity to meet and network with key global stakeholders from across the FIDIC contracts ecosystem. Prior to the official start of the conference, attendees can also take part in a specialist dispute avoidance and adjudication forums taking place on 28 November 2022.

A packed agenda

The packed conference agenda will examine a number

of key topics, including post-Covid trends and developments in construction contracts, the latest updates to the 2017 FIDIC suite of contracts, the launch of a new FIDIC guide for the 2017 suite of contracts, the use of FIDIC contracts on MDB-funded projects, supply chain issues arising from Ukraine conflict, recent case law developments, dispute avoidance and DAAB good practices - and much more.

The conference will open with an overview of the challenges involved in navigating FIDIC contracts in challenging times. Leading experts will look at the current challenges of the construction

industry due to the Covid pandemic, war in Ukraine and inflation and speakers will examine the contractual and legal aspects of these challenges and the remedies available under FIDIC contracts and the law.

Speakers at the conference will also look at how various stakeholders are addressing current key challenges and also the actions being taken by the multilateral development banks, key international funding organisations and national governments.

The conference will also give a further update on industry feedback on the early use of FIDIC Green Book 2021 and attendees will

FIDIC Contract Users’ Newsletter 4 Issue 9 - December 2022

also have an opportunity to take part in a unique ‘Meet the FIDIC contracts committee’ session where they can meet members of this influential committee and its advisors and ask questions on FIDIC contracts, their use and the future FIDIC contracts pipeline.

Focus on megaprojects

The conference also includes a session looking at recent case law developments, arbitration practices and interpretation of FIDIC Forms in both arbitration and the courts and there will also be discussions on net zero and sustainability. Two key sessions on day two of the conference will take a deeper dive into some of the key issues to consider when looking to deliver global megaprojects.

Expert speakers will look at a range of issues including procurement, contracting, cost overrun and time management, change management, benefits of early contractor involvement, digital developments and examine some of the key lessons learned in delivering megaprojects. Expert legal and practitioner panelists will talk about leading projects like CERN in Switzerland, ITER in France and Hinckley Point C in the UK, highlighting critical success factors and the benefits of an end-to-end approach where best practice starts at the inception of the project.

Welcoming delegates to the conference, Vincent Leloup, chair of the FIDIC contracts committee and managing partner of contracts consultancy Exequatur in France, said: “I am delighted to welcome attendees to this important event. It is some time since we last met in person and it’s great to be able to welcome people to London. The past year has been a very busy one for the contracts committee, with several significant milestones achieved. We look forward to highlighting some of those milestones at the conference.”

Last December, saw the publication of the long-awaited update of the FIDIC Green Book (Short Form of Contract) and initial market feedback is extremely positive. The combined simplicity, completeness and robustness of the updated Green Book, together with its many user-friendly features and innovations, have been praised by many users across the globe and will be reviewed in a session at the conference.

New reprints and guide

Leloup continued: “The reprints and the new guide were a colossal task and thanks is due to all those involved in the production of these crucial documents, including the members of the contracts committee and the FIDIC board for their leadership.”

Elsewhere, the committee increased its ‘workforce’ from seven to ten active task groups, with new groups starting their work in the past year on EPCM contracts, subcontracts to the 2017 suite, the 2019 Emerald Book and the 2021 Green Book and also a handbook for practitioners (for 1999 and 2017 suites). This means that we are now well on the way to reach our target of 15 task groups to fulfil the contracts committee’s plan and objectives over the 2020-2024 period.

Leloup expressed his thanks to those involved in organising the event in London. “I want to say a massive thank you to my fellow members of the content committee

for this International Contract Users’ Conference - FIDIC’s general counsel for legal and contracts Daduna Kokhreidze and Júlio César Bueno, partner at Pinheiro Neto Advogados. Their help and assistance has been invaluable as has the input of the

FIDIC staff team.”

FIDIC is grateful to its conference sponsors, strategic partner CMS, platinum sponsor White & Case, gold sponsors Corbett & Co and Pinsent Masons, silver sponsors Fenwick Elliott and Riskwell and bronze sponsor ECV.

FIDIC Contract Users’ Newsletter 5 Issue 9 - December 2022
Images from a previous FIDIC International Contract Users’ Conference in London.

King’s College runs third FIDIC contracts summer school

Kings College Centre of Construction Law and Dispute Resolution to deliver third annual summer training school on FIDIC contracts and their use.

In June 2023 the Kings College Centre of Construction Law and Dispute Resolution in London has once again teamed up with FIDIC to run its third intensive one-week course covering the FIDIC standard form contracts in practice. The FIDIC contract forms lie at the heart of many international projects and this course will build on common law and civil principles in examining how FIDIC provisions and processes operate in various legal systems.

The course, which runs form 27 June to 2 July 2023, will be provided by leading practitioners and is designed to equip talented commercial managers, engineers and lawyers with advanced legal, commercial and practical knowledge in relation to FIDIC contracts and the legal background within which they operate.

The FIDIC 1999 suite and the new FIDIC 2017 Red, Yellow and Silver books will be analysed in detail, with references to older FIDIC contracts such as the 1987 Red Book and 1995 Orange Book when focusing on

experience drawn from particular projects. The 2023 course intake is limited to 28 students and the course fees are £1,800.

The course builds on the success of the previous two years programmes and will provide 30 hours of quality training across a number of contractual areas. Some of the course topics to be covered include procurement strategies, tendering and contract formation, party obligations (employer, engineer and contractor), design responsibility, risk and insurance, early contractor involvement and BIM.

In addition the course will also look at issues around pricing, valuation, payment, variations and claims, change

management and quality management, notices and claims procedures, time, delays, extensions of time, damages and taking over, delay analysis, proving delay and technique selection, quantifying the costs of change, prolongation, disruption, profit and overheads, suspension, termination, force majeure and exceptional events, dispute resolution, dispute boards, amicable settlement and also ICC arbitration.

The course, which will be led by visiting professor Nicholas Gould and professor Renato Nazzini, director of King’s College London Centre of Construction Law and Dispute Resolution, will focus on the common law and civil law legal frameworks within which FIDIC contracts are used and examinee how the FIDIC standard form processes operate in various legal systems.

FIDIC Academy general manager Michael Broadley said: “We are delighted to be partnering with Kings College once more on this FIDIC summer school and to be working alongside such a prestigious academic institution, which is ranked in the top 25 universities worldwide. Our ongoing partnership will enhance the global FIDIC body of knowledge and help the development of professionals in our industry and we look forward to our continuing collaboration to expand FIDIC contract usage to the next generation of users.”

Click here for more information and to book places at the summer school.

FIDIC Contract Users’ Newsletter 6 Issue 9 - December 2022 6
Construction & White & Case “Widely seen as a leading adviser globally on all aspects of project procurement and delivery under the FIDIC contracts” Legal or Professional Services Firm of the Year  FIDIC Contract Awards 2020 whitecase.com/law/practices/construction

Reprints of key FIDIC contracts and new guide published

FIDIC has published reprints of its key contracts, which include a number of amendments and improvements, and also launched a new guide to their use.

The Official FIDIC International Contract Users’ Conference in London sees the launch of a new series of reprints of key FIDIC contract documents which will ensure that these industry-leading documents remain up to date and take account of latest industry developments. A new and comprehensive guide to their use has also been published.

With the full backing of the FIDIC contracts committee and the FIDIC board, the 2022 Reprints and the new FIDIC 2017 Contracts Guide have been published to take on board a number of comments and queries raised by users which have identified further amendments to improve the use of the contracts in practice and will keep these leading

industry documents ahead of the curve. The reprints include the following contracts: -

• FIDIC Construction Contract 2nd Edition (2017 Red Book, Reprinted 2022 with amendments).

FIDIC Plant and DesignBuild Contract 2nd Edition (2017 Yellow Book Reprinted 2022 with amendments).

FIDIC EPC/Turnkey Contract 2nd Edition (2017 Silver Book Reprinted 2022 with amendments).

The new FIDIC Contracts Guide 1st Edition 2022 (2017 Editions, as reprinted in 2022 with amendments) offers a comprehensive overview of FIDIC’s suite of contracts and for the first time outlines key guidance on the use of these industry leading documents. The production of the reprints and the guide were a colossal task and thanks is due to the leadership of the FIDIC contracts committee and all those involved in the production of these important documents.

A first set of amendments

FIDIC Contract Users’ Newsletter 8 Issue 9 - December 2022

to the contracts was published as an errata document in December 2018, followed by a second set in the form of a memorandum published in June 2019. Since then, FIDIC has conducted a review of the text of the publications, to take on board a number of comments and queries raised by users and real-world experience and this has identified further amendments to improve them.

This third set of amendments has been published as a 2022 Reprint and will be effective as of 1 January 2023. They will also be available as three separate documents for free download from the FIDIC Bookshop on FIDIC’s website at fidic.org.

The 2022 Reprints incorporate combined amendments arising from the above three sets of amendments in the text of each publication. Previously these amendments were not incorporated in the text but only at the back of the document as erratas. To assist users even further, the list of the combined amendments is also included at the end of each 2022 reprint to set out the differences between the text of the 2022 reprint and the text of the original document published in 2017.

Additional minor typographical errors and layout irregularities are also corrected in the 2022 Reprints to improve the style of the publications. Also around the issue of BIM (building information management), to reflect recent developments in digital technology, advisory notes to users of FIDIC contracts where the project uses building information modelling (BIM) systems contained in the 2017 publication have also been updated in the reprints.

FIDIC recommends that all users of the above FIDIC conditions of contract should take note of the new amendments and improvements. Licence organisations and institutions are also advised to reflect on the amendments and take the necessary

steps to update their documentation as needed.

In addition, translating organisations of the above FIDIC publications are requested to translate the above three set of amendments to supplement translations of the relevant publication. FIDIC is prepared to license, free of charge, translation of the 2022 Reprints to the above organisation to ensure combined amendments are incorporated in the text of translations.

In addition to the 2022 Reprints, FIDIC has also published a new Contracts Guide to assist users of its Rainbow Suite. The new guide offers a comprehensive overview of FIDIC’s suite of contracts and for the first time outlines key guidance on the use of these industry leading documents.

Commenting on the launch of the 2022 Reprints and the new FIDIC 2017 Contracts Guide, FIDIC Catherine

Karakatsanis, FIDIC board member and liaison to the contracts committee, said: “The launch of these documents is a significant development for FIDIC. We really pride ourselves on providing the industry with the contract documentation it needs to work smarter and more efficiently and these newly launched publications are updated and amended to take into account feedback from the industry.

“The new 2022 Reprints and the FIDIC 2017 Contracts Guide have benefited from the skilled input of the members of the FIDIC contracts committee, as well as feedback from other legal and contractual experts and users from across the contracts landscape. I trust and hope that they will be widely used across the global engineering, construction and infrastructure industry in the months and years ahead.”

FIDIC Contract Users’ Newsletter 9 Issue 9 - December 2022
“The launch of these documents is a significant development for FIDIC. We really pride ourselves on providing the industry with the contract documentation it needs to work smarter and more efficiently and these newly launched publications are updated and amended to take into account feedback from the industry.”
Catherine Karakatsanis, FIDIC board member and liaison to the contracts committee.

FIDIC Contract Users’ Awards winners set to be unveiled

The winners of the awards that showcase excellence and good practice in the use of FIDIC contracts will be announced at the end of November.

The shortlist has been announced for the 2022 FIDIC Contract Users’ Awards. The awards, now in their fourth year, recognise excellence in the use of FIDIC contract forms for project delivery and showcase examples of good practice through collaboration from across the world.

FIDIC has assembled a strong shortlist comprising a total of 12 projects, organisations, companies and individuals. The judging panel, chaired by international judge and arbitrator Sir Vivian Ramsey, had a difficult task choosing winners across a number of categories including Project of the Year, Client of the Year, Legal Firm of the Year and Trainer of the Year.

This year, after two years of Covid-enforced virtual meetings, the awards ceremony returns to an in-person evening gala dinner event on Tuesday 29 November 2022 at the Tower Hotel in London as part of the Official FIDIC International Contract Users’ Conference.

The full list of projects, organisations, companies and individuals shortlisted for the 2022 FIDIC Contract Users’ Awards is listed below.

Design and Construction of La Mesa Water Treatment Plant 1 (LMTP1) in the Philippines.

Dike 1 Remedial Works -Earthworks and Cut-off Wall in Jordan.

Lethakane Karowe Substation Power Supply Project in Botswana.

Pokuase Interchange and Local Road Project in Ghana. Dedicated Freight Corridor Corporation of India Ltd (DFCCIL).

Maynilad Water Services.

Bryan Cave Leighton Paisner. CMS.

Fenwick Elliott.

LNP Attorneys.

David Heslett.

Salvador P Castro Jr.

Commenting on the announcement of the awards shortlist, the chair of the judges, Sir Vivian Ramsey, said: “As the industry finally emerges from the challenges of the global pandemic, it was heartening to see award entries that demonstrate the increasing global use of FIDIC contracts and the influential role that they play in the global industry.”

FIDIC chief executive Dr Nelson Ogunshakin said: “The fourth year of our FIDIC Contract Users’ Awards highlights these

awards as a key part of the industry’s global events calendar. The awards are important in raising the profile of FIDIC contracts and those who use them and I am delighted that this year’s awards ceremony on 29 November 2022 will bring together the global contract user community in person to celebrate excellence and good practice. I’m really looking forward to finding out the names of the winners when they are announced at the gala dinner event in London.”

FIDIC Contract Users’ Newsletter 10 Issue 9 - December 2022 10
La Mesa Water Treatment Plant 1 (LMTP1) in the Philippines, is one of the shortlisted entries in this year’s FIDIC Contract Users’ Awards.

Judging panel for 2022 FIDIC Contract Users’ Awards

Sir Vivian Ramsey, International Judge and Arbitrator.

Dr Nelson Ogunshakin, CEO, FIDIC.

Catherine Karakatsanis, Vice President, FIDIC.

Jan Jackholt, Director, European Bank for Reconstruction and Development.

Jose Joaquin Ortiz Garcia, Chairman, Joyco.

Adriana Spassova, Member, FIDIC Contracts Committee.

Daduna Kokhreidze, General Counsel, FIDIC. Mathias Fabich, General Manager, PNC Norge.

Ines Ferguson, Head of International Business Development, TYPSA.

FIDIC Contract Users’ Newsletter 11 Issue 9 - December 2022 11 for construction, engineering and energy projects worldwide. T +44 (0)20 7421 1986 www.fenwickelliott.com FIDIC experts JCT experts NEC experts Dispute resolution experts Fenwick-Elliott-Construction-Law-Full-Page-Ad-A4(ARTWORK).indd 1 29/06/2022 09:24

Risk management and limiting liability more important than ever

Following her presentation at a recent FIDIC contractual risk webinar, Slaughter and May associate Chloe Halloran gives her perspective on contractual risk allocation in the UK market.

Slaughter and May associate Chloe Halloran says that achieving the correct balance between price and risk has become increasingly difficult over the past nine months. “The forthcoming briefing notes to be published by the FIDIC risk, liability and quality committee on Limitations of Liability, Fitness for Purpose and Indemnities will be essential reading for consulting engineers operating in all parts of the construction market,” she said. “Given global circumstances and an inflationary market where price and profit margins are under pressure, it is now, arguably more than ever, important to ensure your contractual risks are clear and appropriate to your role on the project at hand,” says Halloran.

She also noted that it is now almost universal in the UK market for a consultant’s financial exposure under a professional appointment to be limited to some extent (and that this aligns with the position taken by the FIDIC White Book ). There are three key strands to limitations of liability - (i) the amount, (ii) the basis (i.e. each and every claim or in the aggregate) and (iii) the exclusions. Whilst it is tempting to give most attention to the amount, Halloran explained that it’s equally as important to consider the basis and to keep a close eye on the exclusions which are often a key battleground in negotiations. Typical exclusions other than those required at law include willful default, breach of copyright provisions and key indemnities.

Halloran said: “It’s essential to make sure that all parties understand the significance of any exclusions or ‘carve outs’ to a liability cap. Such ‘carve-outs’ will mean that liability for certain matters is technically unlimited. From the consulting engineer’s standpoint, this may mean uninsured losses that sit outside the scope of professional indemnity insurance and for a client, this may lead to higher risk premiums or a nervousness to innovate. Whilst ‘carve outs’ for matters that cannot be limited at law (usually death, personal injury from negligence, and fraud) are justified and appropriate, other exclusions such as those noted above can undermine the purpose of

the limit in the first place. With this in mind, there is clearly a balance to strike so as not to render the liability cap redundant to the consulting engineer.”

Discussing market conditions, Halloran added: “After a long period of low and relatively stable inflation, indexation has become something of a ‘forgotten clause’ within the construction industry. Given the long-term nature of construction projects and professional appointments, I expect that this will quickly make a resurgence. Whilst pricing provisions are now at the forefront of minds, it’s interesting to think about the impact of inflation on any financial

limitations of liability – if inflation continues to rise, in real terms, there will be a year-on-year reduction on the amount a client might recover in the event of a breach.”

FIDIC Contract Users’ Newsletter 12 Issue 9 - December 2022
Chloe Halloran is an associate in the commercial construction team at the law firm Slaughter and May.

FIDIC contracts extend their global influence

This newsletter has many times in the past highlighted some of the leading organisations that have signed up to use FIDIC contracts helping them to become the industry standard contract documents across the global construction sector. We are particularly pleased to report that UK nuclear power station megaproject Hinkley Point C is using the FIDIC Yellow Book in bespoke format for numerous contracts. In fact, the project has been using FIDIC since 2015 and the Sizewell C nuclear project will also be using our contracts going forward.

It is significant that a megaproject like Hinkley has signed up to use the FIDIC contracts and once again underlines their popularity in the global construction marketplace. The European Organisation for Nuclear Research, (CERN), the research centre that operates the largest particle physics laboratory in the world in Switzerland, is also using FIDIC and we were delighted to undertake a site visit to the project earlier this year.

CERN also translated the FIDIC Green Book 2021 and White Book 2017 into French, making both available for use in May 2022. Elsewhere, the Thai translation of the Rainbow Suite 2017 was completed in March 2022, there is now a Portuguese version of the Red Book 2017, Yellow Book 2017 and Gold Book 2008, thanks to the input of another of our partners, the World Bank and we have signed a licence to have the Green Book 2021 translated into Vietnamese and recently completed a version of the Red Book 2017 into Lithuanian.

New user-friendly versions of FIDIC contracts and agreements are now available following the publication of documents in multiple-user versions and in two new formats for practitioner and educational use. The new versions are more sustainable, eliminate shipping and customs costs and delays and are more user friendly and easier to share than ever before. Easier to share, we hope that these versions will be widely used across the global engineering, construction and infrastructure industry.

The FIDIC contracts committee has been busy too. Recent highlights included the completion of a survey from the

task group responsible for collaborative contracting development. Also, the establishment of new task groups took place in recent months with responsibility for: - a FIDIC Handbook for Practitioners (1999 and 2017 suites), FIDIC subcontracts developments, an agreement for JV contractors and a PPP form of contract. We have also reignited a task group to develop a 2017

Suite of Agreements Guide

Finally, the FIDIC contracts committee is also working on establishing a new task group to develop guidelines for the incorporation of net zero and net resource requirements on FIDIC contracts.

Finally, the FIDIC board has appointed two new vice chairs to the FIDIC contracts committeeAdriana Spassova from Bulgaria and Mahmoud Abu Hussein from the United Arab Emirates. Adriana and Mahmoud replace previous vice chairs Husni Madi and Kiri Parr, who have completed their terms as vice chairs but will remain as key members of the contracts committee.

New formats of the FIDIC contracts have been published, including one for educational use.

Click here to visit the FIDIC bookshop for details of all FIDIC contracts and agreements.

FIDIC Contract Users’ Newsletter 13 Issue 9 - December 2022
With more leading organisations signing up to use FIDIC contracts, new versions and translations being launched and new appointments to the contracts committee, this update highlights another busy period for the contracts team at FIDIC.
The Hinkley Point nuclear megaproject in the UK has been using FIDIC contracts since 2015. (Photo: EDF)

FIDIC Academy – for quality contracts and business training

Contract users from around the world can take advantage of a wide range of training courses delivered via the FIDIC Academy. With quality as standard, there’s something for everyone with an interest in all aspects of the FIDIC contract suite, reports academy general manager Michael Broadley.

As ever, recent months have been a busy time for FIDIC’s contracts academy team. Here at the FIDIC Academy, we have been running courses on many of the key aspects of our leading contracts suite as well as well as starting to hold some business practice courses to widen the remit of our offering.

Our online courses have been well attended with well over 100 construction professionals attending recent training on the practical use of FIDIC conditions, the FIDIC Future Leaders Management Course, management and administration of contracts, understanding DABs and claims under the 199 and 2017 FIDIC suite.

We’re particularly excited about delivering a new specialist one-day workshop on Wednesday 7 December 2022 which will give users a better understanding of the contractual entitlements provided by the FIDIC General Conditions of Contract and their legal merits in different project environments, particularly in claims situations.

Pitfalls and Deadlocks: A Golden Collection of Case Studies from Expert Practitioners will identify some of the numerous contractual issues that may arise during the execution of the FIDIC Conditions of Contract and should be a must-attend event with leading experts presenting. Also looking ahead, FIDIC has partnered with software company Riskwell to deliver a new online workshop, An Introduction to Decision Risk Management for Engineers. The two-and-a-half-hour workshop, which will take place on Wednesday 14 December 2022 at 2pm CET, focuses on introductory concepts of risk management, tailored towards the engineering business environment. This course is the first of a number of standalone business practice courses (away from contracts), as we widen the remit of the academy’s offering. There is also a cyber security on-demand course being launched as of 21 November 2022 and we are looking forward in 2023 to the academy developing more business practices

courses using both on demand and ILT (live instructor led training) online to complement its suite of contract training.

In other news, we have also recently finished populating the academy governance structure with prominent figures from the business world with key experience and expertise of the engineering and construction industry. The first meetings of these key figures will take place at the end of Q4 this year.

Last but not least, a new standalone FIDIC Academy

website will be launched in Q1 2023. The academy is also in the process of acquiring accreditation of its current education and training offers where participants can officially log continued professional development points. This is part of the quality recognition and controls we are planning to improve and validate the training and courses we offer.

So, it’s a busy time for the FIDIC Academy, with much to offer our stakeholders across the global contracts world.

FIDIC Contract Users’ Newsletter 14 Issue 9 - December 2022 14
Click here for further information on the FIDIC Academy and its programme of courses.
Pinsent Masons is a purpose-led professional services firm with locations across four continents, meaning wherever your commercial interests take you, we have the expertise to provide support. Sure, we know FIDIC, but more importantly we are at the forefront of its use internationally from project inception through execution and dispute resolution. Today’s engineering and construction projects are growing at an ever faster pace-in scale, ambition and complexity. We have the expertise and experience required to make FIDIC forms work for unusual and bespoke projects. An award-winning FIDIC practice spanning procurement, construction advisory & disputes and international construction arbitration. A PURPOSE-LED PROFESSIONAL SERVICES BUSINESS WITH LAW AT THE CORE www.pinsentmasons.com © Pinsent Masons 469463 Having acted on some of the largest construction and engineering projects in the world, Corbett & Co. specialise in the avoidance and resolution of international construction and engineering disputes, with particular expertise in the FIDIC forms of contract, providing in-depth technical and legal knowledge. T + 44 (0)20 8614 6200 www.corbett.co.uk

Given that the 2022 FIDIC Global Infrastructure Conference was a sold-out event, it’s more important than ever to act swiftly to ensure that you reserve your place at next year’s event, which is due to take place in Singapore from 10-12 September 2023. Helpfully, there is already a FIDIC Singapore 2023 page set up on the FIDIC website where you can pre-register for the event and be first in the queue to receive details of the conference once they are available. Make sure that you don’t miss out on what is set to be the must-attend event for the engineering, construction and infrastructure event in 2023 and be sure to register your interest below. Also, don’t hesitate to contact our conference and events team if you are interested in participating, either as a speaker or sponsor for the conference in 2023.

Pre-register now for FIDIC Global Infrastructure
2023 FIDIC
10-12
| Singapore Contract Users’ Newsletter Please send news, views and articles on FIDIC contracts to the newsletter editor Andy Walker at awalker@fidic.org CONTACT US Send general FIDIC enquiries to fidic@fidic.org For contract order queries email FIDIC at fidic.pub@fidic.org OFFICIAL FIDIC INTERNATIONAL CONTRACT USERS’ CONFERENCE 2022 We are grateful to the sponsors of the Official FIDIC International Contract Users’ Conference 2022, strategic partner CMS, platinum sponsor White & Case, gold sponsors Corbett & Co and Pinsent Masons, silver sponsors Fenwick Elliott and Riskwell and bronze sponsor ECV. Click here to register to attend the 2023 FIDIC Global Infrastructure Conference in Singapore.
Conference Singapore
Global Infrastructure Conference 2023
September 2023

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