FIDIC for PRACTITIONERS
Welcome to FIDIC for Practitioners
News ... target date's ... 2020 ... News ... target date's. ... 2020
FIDIC Seminars for Practitioners
Under a FIDIC contract the Engineer shall make fair determinations (see Sub-Clause 3.5 FIDIC 1999 or Sub-Clause 3.7 FIDIC 2017) and certify fairly the amounts due (Sub-Clause 14.6 FIDIC 1999). Talking about Engineer´s fairness means to demystify its role, and yes we are talking about its role not its character or personality. The Engineer´s role is not god-given. The parties could live without the Engineer´s powers and authorities; whether they would then have less problems or whether this would be more appropriate is however questionable. Anyway its role and function does not merely depend on his integrity, skills and honesty. Under a FIDIC contract the parties rather define a role or function of a person, in FIDIC this being the Engineer, who shall determine matters arising out of or in connection with the contract. He shall do so fairly but not as an adjudicator.
To play fair does mean not to take arbitrary decisions. Rather it means to make fair determinations and to certify money in accordance with the Contract, thus in line with what used to be the basis on which the Contratcor submitted its offer. In other words the Engineer and the Parties shall apply the contract and enjoy the respective benefits and entitlements. Also the Contract reflects what FIDIC consideres to be recognized best practice. FIDIC 2017 clarifies that in matters of determination the Engineer shall in future act neutrally which is a new term but not a new policy.
Nestor Bildungsinstitut together with FIDIC have decided to provide FIDIC seminars in English. The seminars shall cover the well known FIDIC modules, e.g. modules 1 to 3 but also more sophistacted courses like courses on the Design, Build & Operate form of Contract and the FIDIC Subcontract. However Nestor FIDIC seminars are mainly adressed to Civil Law Practitioners using FIDIC forms of Contract and Common Law practitioners who work under Civil Law conditions. Modules 1 to 3 cover the FIDIC Rainbow Edition 1999 and 2017, namenly the FIDIC Red Book, the FIDIC Yellow Book and the FIDIC Silver Book. The venue for all seminars is Copenhagen.
FIDIC forms of Contract may be used for all types of projects throughout the world. The answer to the question which form is suitable for a particular project depends on whether the Employer intends to bear the design responsibility or not. If the Employer decides that the design shall be made by himself or its behalf the FIDIC Red Book is appropriate. If the Employer prefers that the design is with the Contractor then either the FIDIC Yellow Book or the Silver Book can be chosen. This decision should be taken with skill and care after having made a risk assessment. The FIDIC Subcontract for construction is fit for use with the FIDIC Red Book.
In 2011 FIDIC published the new Subcontract form which is suitable for use with the FIDIC Red Book 1999 (and with the FIDIC MDB harmonised version (the Pink Book) if suitable amendments are made). Nestor courses cover this new FIDIC product from 2013 onwards.
Nestor FIDIC trainers are experienced practitioners having been and being involved in projects throughout the world. They are ready to share their experiences and skills with the attendees.
All Nestor tutors have been involved in various capacities in the drafting of FIDIC 2017, 2nd Edition.
The current FIDIC
Dipl.-Ing., Dipl.-Wirt.Ing. Axel Volkmar Jaeger
Axel Jaeger is the former past chairman of the FIDIC Contracts Committee and former past member of the FIDIC Executive Committee. Axel Jaeger was involved in the drafting of the FIDIC Orange Book, the 1999 FIDIC Rainbow Edition as well as in the FIDIC Gold Book. He is currently a special senior advisor of the FIDIC Contracts Committee. He has extensive international project experience gained worldwide. He is a co-author of the book FIDIC for Practitioners and member of the German Dispute Adjudication Assessment Panel.
Rechtsanwalt Dr. Götz-Sebastian Hök
Sebastian Hök is graduated in Law from Göttingen University and is a German solictor registered at the Berlin Bar. He has extensive international project and commercial experience gained while living and working in Europe, the Middle East, Africa and Asia. For the past 20 years he has been partner and senoir partner of the law firm Dr. Hök, Stieglmeier & Kollegen. Sebastian Hök is acting as arbitrator, adjudicator and legal counsel. He is also a licensed and accredited FIDIC trainer. Since 1997 he is a lecturer at Berlin University of Applied Science for construction management law. He also lectures at Leuphana University (Lüneburg) and Southeast University (Nanjing). Since 2009 he is a FIDIC listed Dispute Adjudicator. Sebastian Hök has written various books and articles in French, English and German on FIDIC forms of contract. He is a co-author of the well-known textbook entitled (FIDIC for Practitioners) and member of the German Dispute Adjudication Assessment Panel and former past Chairman of Eurojuris Commission International Litigation. He his currently involved in three FIDIC task groups as legal advisor. Moreover he used to be a member of the JICA DB study team.
Siobhan Fahey is a civil engineer and having a degree in law. She is also a Chartered Arbitrator with the Chartered Institute of Arbitrators and was a member of the FIDIC task group being responsible for the FIDIC Subcontract for Construction. She is the current chairwoman of the FIDIC task group on the Design & Build Subcontract. Since 2012 she is also a member of the FIDIC Contracts Committee. Siobhan has in depth experience as an arbitrator and conciliator. She had been the main draftsperson of the FIDIC updates 2017.
All Nestor trainers are FIDIC accredited trainers and very welcomed speakers on international conferences. The benefits for FIDIC International Accredited Trainers:
- the trainer can be announced as “accredited by FIDIC”;
- authorised to sign an attendance certificate as “FIDIC Accredited Trainer”;
- authorised to incorporate text and artwork from FIDIC documents in presentation overheads and in training materials;
- advised by FIDIC on a regular basis of developments in FIDIC;
- given priority by FIDIC when requests are received for in-house training;
- can make use of FIDIC’s administrative procedures whereby FIDIC finalises discussions on fees and expenses, and invoices an event organiser while making immediate payment to the accredited trainer;
- if an accredited trainer is engaged in a training event or a training programme organised by a national Member Association or in partnership with an association, the event or programme can be announced as a FIDIC accredited event or programme, provided FIDIC agrees the format and content. The event or programme is also authorised to use the FIDIC logo on certificates of attendance.
Copenhagen has been chosen for being the venue for four different FIDIC trainings. Module 1 covers a general introduction in the FIDIC Rainbow Edition 1999 & 2017. Module 2 covers FIDIC claims´ and disputes´ management under FIDIC 1999 & 2017. Module 3 covers Dispute Adjudication under FIDIC 1999 & 2017.
The Subcontract course deals with the FIDIC Subcontract for Construction. All four courses will be held once a year.
A particular core aspect of these courses is to explain the legal wording against its commmon law background for further use in civil law jurisdictions, such as Eastern Europe or the Gulf Region. It is crucial to understand the meaning of the terms such as Claim, Defects Notification Period, Delay Damages and Extension of Time for Completion against its common law back ground though the Contract will be used under civil law as per Sub-Clause 1.4 FIDIC.
The Subcontract course requires some knowledge and experience on the use of the FIDIC Red Book. In that the Subcontract form goes back with the FIDIC Red Book it is necessary to read both books together.
All courses will refer to existing ICC awards and other case law for illustration purposes. Case Studies and examples as well as standard letters for further use will be presented.
The Nestor course system has been a great success since 2012 and will be continued. Course materials are continually updated (including the FIDIC updates 2017).
The training course is designed to provide practical guidance to those who are involved in managing or administration of projects where use of FIDIC forms of Contract is intended. The course covers management disciplines and procedures in pre-contract phase of the project including the FIDIC Client-Consultant Service Agreement and selection of the appropriate FIDIC form of Contract. The course also covers the post contract award phase including all contract managment disciplines & dispute managment procedure.
It is suitable for all the Parties involved with a new FIDIC Contract – the Employer, the Project Manager, the Contractor, the Engineer, and the DAB Members. By having a good understanding of the FIDIC risk allocation policy and the resulting responsibilities and rights of the Parties under a 1999 & 2017 FIDIC Contracts, a more efficient management of the project may be achieved. The tutors of the course are a very experienced German engineer and a German lawyer, who both have had extensive worldwide involvement with management of projects and related dispute resolution. Both tutors are the authors of the FIDIC Guide for practitioners.
The training course is designed to provide practical guidance to those who are involved in managing or administration of projects where use of FIDIC forms of contracts is required. This course covers FIDIC contract management, claim management and dispute management in more depth than module 1.
This course goes through the claims´ procedures and claims including the change clause. It covers CPM issues, delay analysis and Engineer´s views will be discussed. Finally the course will show how a DAB works and explain typical situations in dispute preparation and resolution.
It is suitable for all the Parties involved with a new FIDIC Contract – the Employer, the Project Manager, the Contractor, the Engineer, and the DAB Members. By having a good understanding of the FIDIC contract and claim management approach and the resulting responsibilities and rights of the Parties under a 1999 & 2017 FIDIC Contracts, a more efficient management of the project may be achieved. The tutors of the course are a very experienced German engineer and a German lawyer, who both have had extensive worldwide involvement with management of projects and related dispute resolution.
The claim procedures under FIDIC 2017 deviate fundamentally from the claim procedures under FIDIC 1999. The updated training will demonstrate the differences.
The training course is designed to provide practical guidance to those who are involved in dispute resolution where use of FIDIC forms of contracts is required. This course covers inter alia the use of FIDIC Dispute Adjudication Boards, appointment of DAB´s, referrals to DAB, the decision making process, etc. in more depth than module 2.
This course will give a sophisticated view on Dispute Resolution practise under FIDIC Contracts. The course intends to explain dispute avoidance practises and problems as well as the appointment of DABs, preparation of referrals, conduct of hearings and decision making.
It is suitable for all the Parties involved with a FIDIC Contract (1999 edition / 2017 edition) – the Employer, the Project Manager, the Contractor, the Engineer, and the DAB Members. By having a good understanding of the FIDIC contract and its dispute adjudication clauses under a 1999 & 2017 FIDIC Contracts, a more efficient and successful dispute management may be achieved. The tutors of the course are a German engineer and a German lawyer, who both have had extensive worldwide involvement and experience with management of projects and related dispute resolution. Both have been appointed in various dispute resolution procedures and have advised clients on this type of proceedings throughout the world.
Dispute management under FIDIC 2017 will become more demanding using standing DABs under all forms. DABs have become DAABs (Dispute Adjudication and Avoidance Board). The training will also cover the new FIDIC White Book dispue resolution feature.
Subcontracting is increasingly becoming common practice worldwide. The FIDIC Subcontract form, therefore, meets increasing demand on both domestic and international construction projects. The Subcontract course is designed to provide practical guidance on the use of the Subcontract. Proceeding properly under a FIDIC Subcontract and preparing accurate Subcontract tender documents require definitive skills and expertise. Nestor has engaged experienced eminent and well known FIDIC accredited trainers in order to provide an excellent two days´ training on the FIDIC Subcontract form. The training is geared towards Main Contractors and Subcontractors, and also Consulting Engineers and lawyers being involved in major Subcontracts. The tutors of the course are Siobhan Fahey and Sebastian Hök.
FIDIC International Accredited Trainers are authorised by FIDIC to hold training seminars, courses and workshops.
Nestor trainers have shown their respective practical experience in the use of FIDIC forms of Contract to provide bespoke training services and project related workshops on the FIDIC forms to consultant engineers, contractors and employers in Europe, Africa and Asia. Nestor trainers provide seminars and workshops which are tailored to the particular needs or requirements of each client. They can range from an overview of the FIDIC suite of contracts to use of particular forms or particular issues arising under or in connection with the FIDIC forms (such as use of the DAB's or arbitral tribunals, preparation of tender documents or payment issues and Variations).
The training materials include a hardcopy of powerpoint slides and scripts for in depth studies. All materials are regularly updated and reflect current knowledge of practise in various countries including references to local case law. In open house courses the relevant contract forms will also be available.