FIDIC Suite Official Middle East Launch FIDIC’s Official ... · PDF fileof the new Red Book and be given the option to buy the 2017 editions of the Yellow and Silver ... Benefit

Understand all major changes introduced by the new FIDIC Suite of Contracts 2017 and gain strategic insight into successfully using the FIDIC Suite to manage major projects, mitigate risk & resolve disputes

FIDIC MIDDLE EAST CONTRACT USERS’ CONFERENCE

30+ Speakers, including:

FIDIC’s Official 9th Annual...

Date and Venue:Main Conference Days: 20-21 February 2018 Pre-Conference Workshops: 19 February 2018 Post-Conference Workshop: 22 February 2018Sheraton Dubai Mall of the Emirates Dubai, United Arab Emirates

More Information:

Tel: +44 (0)20 3377 3279

Email: [email protected]

To Register:

Delivered by FIDIC in Association With

FIDIC Suite Official Middle East Launch

Aisha NadarFIDIC

Dr Nael BunniFIDIC

Siobhan FaheyFIDIC

Mahmoud Abu HusseinDOLPHIN ENERGY

Nabil Abbas FIDIC

Andrew KirkPETROFAC

Supporting Partner Supporting Sponsors Associate Sponsors Sponsors

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WELCOME TO OUR 9TH ANNUAL CONFERENCE!Conference Partners & Supporters

Supporting Partner

Supporting Sponsors

Dear FIDIC Contract User,

The wait is over! The new FIDIC Suite of Contracts is here.

...Eighteen years after the iconic FIDIC Suite of Contracts was launched in 1999, we’re delighted to announce that the new FIDIC Suite of Contracts 2017 is now finalised and the Middle East launch of the new Suite will be at our event in February!

Delegates will be able to secure copies of the new Red, Yellow and Silver Books and listen to detailed explanations by members of the FIDIC Contracts Committee of the main changes and why these were deemed a necessary improvement to help advance the global construction industry. You will also have the opportunity to hear from leading FIDIC experts from the region, and gain a real understanding of the issues affecting the Middle East. You will receive a complimentary copy of the new Red Book and be given the option to buy the 2017 editions of the Yellow and Silver Books at a much reduced rate when registering for the event.

In addition to full coverage of the new FIDIC Suite of Contracts, the agenda will also feature a number of unmissable sessions. There are simply too many to mention but I would like to draw your attention to two user-led panels: the first is the ever popular Case Studies session where users from major firms and organisations detail how FIDIC was used to underpin major projects and the lessons learnt in the process. The second is our brand new Contractors’ panel featuring insights from major international contractors. These two sessions will feature insights from Strabag, Qatar Railways, Orascom Construction and many more to be announced - definitely not to be missed!

Delegate places for the London event sold out quickly, and we anticipate the same for the Middle East launch, so make sure you book early!

We look forward to welcoming you to Dubai this February!

Charlotte Hawkes Parker

FIDIC Conference Producer

Association & Media Partners

To register or for the latest information, please visit: https://law.knect365.com/fidic-middle-east/ Tel: +44 (0)20 3377 3279 Email: [email protected]

Associate Sponsors

Sponsors

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20 February 2018

Main Conference Day 1

FIDIC MIDDLE EAST PROGRAMME AT A GLANCEOur topical and informative pre-conference workshops are anexcellent way to ease yourself into the world of FIDIC before themain event’s kick off. These in-depth half-day sessions are designed to promote maximum interaction between each of the participants and the workshop leaders and ensure that you get the answers you need to your specific questions. This year’s high level workshops will be focussing on how to effectively deal with modified contracts under the new FIDIC guidance, and claims & dispute resolution. Places are limited to ensure maximum interaction, so you have to be quick!

Key SpeakersLee Barry, DRIVER TRETTBeau McLaren, HFWScott Lambert, BEALE & COMPANY

19 February 2018

Pre-Conference Workshops

Big Themes• The dos and don’ts of modifying

contracts• Modifying contracts under the new

FIDIC guidance• Construction disputes• Claims and dispute resolution

Day Two of the conference begins with our ever-anticipated annual case studies review, where we will be assembling a group of experienced FIDIC contract users from the region. We then move on to our brand-new panel session on Contract Administration and Dispute Avoidance from an International Contractor’s Perspective, which is not to be missed! Our focus then moves on to enhanced contract variation provisions in the new FIDIC Suite, time bar provisions, DABs and arbitration. Last but by no means least, you will have the opportunity to continue putting your questions directly to our experts on stage, during one of the dedicated Q&A sessions.

Don’t miss out on the only official workshop on the new Suite of Contracts, led by the FIDIC Contracts Committee. Attend this workshop to acquire essential knowledge on the new Suite, including a refresher on the 1999 Contracts, then leading into an introduction to the 2017 Suite of Contracts. You will be able to gain an in-depth understanding as to the reasons behind the main changes and you will be able to pose your queries to those behind the changes! This is an essential workshop that is not to be missed!

21 February 2018

Main ConferenceDay 2

22 February 2018

Introduction to the 2017 Suite of Contracts

Big Themes• The 2017 Suite of Contracts: All you

need to know• Risks and insurance provisions in

the New Books• Redefinition of the Role of the

Engineer • The enhanced claims provisions in

the new suite• Looking at the Relationship between

FIDIC and the MDBs

Key SpeakersAisha Nadar, FIDIC CONTRACTS COMMITTEESiobhan Fahey, FIDIC CONTRACTS COMMITTEEZoltán Záhonyi, FIDIC CONTRACTS COMMITTEEYolanda Tayler, WORLD BANKDr Nael Bunni, FIDIC CONTRACTS COMMITTEEMahmoud Abu Hussein, DOLPHIN ENERGY

We kick off the conference with the official Middle East launch of the new FIDIC 2017 Suite of Contracts. The Contracts Committee will be there to fill you in on what’s new, and the reasoning behind the necessary changes. Don’t miss the opportunity to pose your queries to the FIDIC experts in our Q&A session. Further highlights of Day One include looking at the new FIDIC Directives for dealing with modified contracts, the evolution of the role of the Engineer, claims and the road to dispute resolution, and much more!

Big Themes• Contract administration and dispute

avoidance from an international contractor’s perspective

• Variations under FIDIC Suite 2017

• Time bar provisions

• International case studies review

• FIDIC’s new DAB rules

• Arbitration and ADR

Big Themes• The 1999 FIDIC Suite of Contracts

• 2017 FIDIC Suite of Contracts

Key SpeakersGrace El-Haddad, QATAR RAILWAYS Loay Ghazeleh, MINISTRY OF WORKS, BAHRAIN Nabeel Khokhar, STRABAG Engy Serag, ORASCOM CONSTRUCTION Andrew Kirk, PETROFACJomanah AlBtoush, ARABTECH JARDANEH

Key Speakers

Aisha Nadar, FIDIC EXECTUTIVE COMMITTEE

Dr Nael Bunni, FIDIC CONTRACTS COMMITTEE

Siobhan Fahey, FIDIC CONTRACTS COMMITTEE


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WHO WILL YOU MEET?

FROM WHICH COUNTRIES:

FROM WHICH COMPANIES?

• Utd.Arab Emir.

• United Kingdom

• South Africa• Afghanistan• Malaysia• Tanzania• Saudi Arabia• Egypt• Laos

• South Korea• Singapore• Jordan• Qatar• Thailand• India• Germany• Czech

Republic• Portugal• Bahrain

• Italy• Botswana• Vietnam• Aruba• Turkey• USA• Kazakhstan• Spain• Sri Lanka• Canada• Australia

• Greece• Nigeria• France• Angola• Oman• Sudan• Cameroon• Austria• Libya• Yemen• Ireland

• Pakistan• Indonesia• Romania• Hungary• Lebanon• Kuwait• Switzerland• Denmark• Netherlands• Namibia

Construction Consultant

16%

Barristers/ Law firm

21%

Owner/Developer

20%

Contractor

36%

Other

6%

Financial Institutions

1%

FIDIC MIDDLE EAST ATTENDEE BREAKDOWN

• FSESB• AECOM• Al Maabar• Capita Property &

Infrastructure Ltd• J R Mayhew

International Ltd• GIZ• Emirates Integrated

Telecommunication Company

• Al Husam• Fircroft• Aleem Survey &

Evaluation• ECC• Nakheel• Al-Elm Information

Security• Parsons International

Ltd• Iberdrola Ingenieria y

Construccion• Middle East Dredging

Company• Majid Al Futtaim

Properties• National Petroleum

Construction Company• Jacobs Intl Holdings Inc• Etihad Rail• Abu Dhabi Municipality• Drake & Scull• L&T Construction• Meriem Bestani

• DAR Engineering KSA• Emaar Pakistan Group• Schlumberger• Saudi Electricity

Company• Archen Engineering

Consultants• Heavy Civil Infra L&T

Construction• PetroVietnam Fertilizer &

Chemicals Corporation• Ola Management• Aladiyaat Group• Marwan Farroukh• Hill International• Andrade Gutierrez SA• Engineering Contracting

Co LLC• ABC Engineering PE• Samsung C& T Corp• AdPI Dubai• Ginder Palmitessa Pty

LTD• Degremont SA• International Bechtel

Co Ltd• HOK• Tebtan Real State

åClarity• ARCADIS• Josef Gartner GmbH• Unrwa HQ (Amman)• Trakhees• AHK International LLC

• Gemstone Real Estate Development LLC

• Carillion MENA• Dubai International

Financial Centr Authority• SENER Ingenieria y

Sistemas SA• IPS Middle East Ltd• Dubai Transport

Company LLC• Meriem Boushaki-

Bestani• Emirates Integrated

Telecommunication Company PSJC

• ENEC• Tasyeer Training Centre

and Consultancy• Bahrain Defence Force• Elm• China State Construction

Engineering Corporation LLC

• CSTC• AD Engineering Co• Boskalis• HOCHTIEF Solutions• Samsung Engineering

Co Ltd• Da Afghanistan Breshna

Sherkat• Technip• GMP Consulting

Engineers Ltd• QDVC Q S C

• Ghantoot Group• SCG Chemicals Co Ltd• Consulting Services

for Engineering & Construction Contracts

• Hewitt Construction Consultancy

• Kuwait Oil Company• The Coastal

Municipalities Water Utility

• Saur Saudi Arabia• Nishimura & Asahi• Al Habshi Consultants• Said Al-Jammal• Matrics Consult Ltd• C Cubed Consultants• ADC Energy Systems• Bridge Consult• Evalueco• Obeidat Freihat• Emirates Nuclear Energy

Corp• Yarmouk Water

Company• TYPSA SA• Interbkonsult Ltd• Ramboll Middle East

Limited• ALDAR Properties• Lead Development• Arch Center

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EDITOR’S CHOICE

Main Features of the Updated Red, Yellow and Silver BooksMain Conference Day 1, 20th FebruaryThe eagerly awaited 2017 Suite of Contracts have finally been released and you will be able to hear directly from Siobhan Fahey (pictured) and Zoltán Záhonyi of the FIDIC Contracts Committee on the main changes that have been made to the 1999 Rainbow Suite of Contracts, and the reasons behind these changes.

Risks and Insurance Provisions in the New FIDIC BooksMain Conference Day 1, 20th February Clauses 17 to 19 of the New Editions of the FIDIC Forms of Contract have been extensively modified to incorporate the latest thinking of risk and risk management as expressed in international standards, and in particular the 2009 Australian/New Zealand Standard AS/NZS ISO31000:2009. The changes made also reflect modifications to the flow from risk to responsibility, liability, indemnity and insurance. This session will deal with these modifications.

Time Bar Provisions: What’s Changing?Main Conference Day 2, 21st FebruaryJeremie Witt, Partner at CMS in the UAE tackles one of the most critical issues for the industry; time bar provisions. This session will taking an in-depth look at the purpose of application of time bars, treatment under civil and common laws, and the changes under the new FIDIC Contracts.

Ask the FIDIC Experts Q&AMain Conference, 20th & 21st February Always one of the most popular sections of the agenda, our annual Q&A sessions are your opportunity to put your questions directly to acclaimed FIDIC experts and advisors to the Contracts Committee. In a year where so many changes are being unveiled, I’m sure you’ll have at least one burning question you’d like to see answered by our panel, which includes distinguished experts such as Abbas (pictured), amongst many others.

International Case Studies ReviewMain Conference Day 2, 21st FebruaryBenefit from understanding how FIDIC is working in the real world by listening to case studies using a range of Randow Suite Books. Case study presenters, including Loay Ghazeleh from Ministry of Works, Bahrain (pictured), were drawn from a range of different industries and will be covering a diverse array of projects. Another great user-led session.

The International Contractor’s PerspectiveMain Conference Day 2, 21st February This session will assemble seasoned Contractors and in-house contract specialists from large infrastructure and engineering firms, such as Strabag and Orascom Construction, operating at the coal face of real world implementation of FIDIC Forms of contract. The panel will be discussing critical areas of contract administration including optimisation opportunities and common pitfalls to avoid. Listen to Andrew Kirk (pictured) of Petrofac and many others.

Arbitration & Alternative Dispute ResolutionMain Conference Day 2, 21st FebruaryThis session, expertly led by Ellis Baker of White & Case (pictured) will be taking a look at the nature of construction disputes, and how they can be managed and resolved under the provisions of FIDIC Contracts. Ensure you are equipped to make good choices leading to a cost effective resolution. Not to be missed!

The Enhanced Contract Variation Provisions in the New FIDIC SuiteMain Conference Day 1, 20th February Changes to the works lie at the heart of many construction disputes. HFW Partners Beau McLaren and Michael Sergeant (pictured) will once again dissect the burning issue of variations under the FIDIC Forms of Contract as featured in the new FIDIC Suite of Contracts 2017 Edition.

With 30 speakers packed into 4 days of essential content, we have selected some of the sessions you cannot afford to miss in 2018:



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FIDIC Middle East Contract Users’ Conference Main Conference Day 1 20 February 2018

8.30 Registration & Coffee

8:55 Opening Remarks from the Chair Aisha Nadar, Member, FIDIC EXECUTIVE COMMITTEE

9:00 Main Features of the Updated Red, Yellow and Silver Books: Whathas Changed and WhyFIDIC’s Contracts Committee has updated the FIDIC 1999 Suite of Contracts (Red Book, YellowBook and Silver Book), and in this session, members of FIDIC’s Contracts Committee will identify the main changes that have been made to the1999 Rainbow Suite and will briefly explain why these were decided by FIDIC to be necessary or animprovement. The speakers will cover:n New definitionsn New provisions to promote the Parties’ collaborationn Improved provisions for the timing of the Parties’ and the Engineer’s obligations.n New reciprocity between the Parties’ rights and obligationsn Improved clarity and certainty in the important provisions relating to: - unforeseeable physical conditions - Engineer’s agreement/determination - performance security - design and review - tests on completion - variations - payment and valuation of the works claimsn Limitation of liability and the Parties’indemnitiesn ‘Force majeure’ à Exceptional Risksn Care of the Works and insurancesn Amended claim provisionsn Outline of the revised dispute provisions

Siobhan Fahey, Member, FIDIC CONTRACTS COMMITTEE

Zoltán Záhonyi, Chairman, FIDIC CONTRACTS COMMITTEE


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10:00

FIDIC 2018 and the Continuing Evolution of the Role of the Engineer Since the first Red Book was published in 1957 the Engineer has played a central role in the administration of a FIDIC contract. That role has evolved through the various editions and updates to reflect the myriad of changes in international construction projects over the years, and the latest 2017 editions of the Red and Yellow Books encapsulate that continuing Evolution. This session will chart that evolution and review some of the key changes to the Engineer’s role to be found in the 2017 editions, covering:

n The historical role of the Engineern The evolution of the role of the Engineern The Engineer’s role in today’s international projectsn A summary of the Engineer’s role in the new 2017 editions of the Red and Yellow Books compared

to the 1999 first edition versionsn A detailed review of some of the key changes affecting then Engineer’s role to be found in the new 2017 editions compared to the 1999 first editions

Aisha Nadar, Member, FIDIC EXECUTIVE COMMITTEE

Dr Nael Bunni, Special Advisor, FIDIC CONTRACTS COMMITTEE

10:45 Coffee Break

11:05 The Enhanced Contract Variation Provisions in the New FIDIC SuiteVariations are a key issue on projects. It is important to know how a variation should be ordered and what instructions must be given. Disputes arise when there is disagreement about whether an item of work counts as extra or if it has been formally ordered. This session will be run by the authors of “Construction Contract Variations”, the only book that deals exclusively with this subject.

n Changes to the variations provisions under the new FIDIC suite of contracts.n Differences with variations under the Red Book and Yellow Book.n What type of variation instruction is required under the new contracts?n Procedures for ordering and agreeing the value and scope for variations

Michael Sergeant, Partner, HFW

Beau McLaren, Partner, HFW

11:50 FIDIC EPC/Turnkey Contract - Current Practice & Foreseeable Impact of Changes of 2017 Edition in the Region - A Case Study

Husni Madi, Leader, FIDIC TASK GROUP 15

Main Conference Day 1 20 February 2018

Register Today to Listen to Authoritative FIDIC Experts and Collect Your Copies of The New FIDIC 2017 Suite

Conditions of Contracts for Construction

Conditions of Contracts for EPC/Turnkey Projects

Conditions of Contracts for Plant and Design Build

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1:00 Ask the Experts - Q&A sessionOur annual “Ask the Experts Q&A” session has become one of our most popular perennials with contract users from across the globe. Put simply, the FIDIC Contract Users’ conference is your conference and this is therefore your opportunity to put your questions directly to members of the FIDIC Contracts Committee in attendance. Our experts will try to address as many of your questions as possible during the two days of the event and these can be submitted to the contracts committee in a number of ways. You can:

n Ask for the microphone and put your questions live to our panel on stagen Submit a question through our event app and have this answered in real timen Tweet us your question using the hashtag #FIDICME18n Email a complex question in advance to [email protected] so this can be

addressed by our experts at the event having given it careful consideration in the run-up to the event

Dr Sebastian Hök, Adjudicator, FIDIC PRESIDENT’S LIST




13:00 Lunch

2:10 Looking at the Relationship Between FIDIC and the MDBs During this time much has evolved in procurement and project delivery. The World Bank, along with other IFIs, has under gone extensive procurement reforms aimed at better achieving value for money. Defining the way forward, so that procurement can be used as a strategic tool in achieving core objectives of recipient countries, as well as financial institutions, taking into account key issues such as sustainability, integrity, and capacity building, is critical. This session will:

n Provide an outline of the Bank’s Procurement Reforms, including key features in the revised Effective Development strategy

n Identify key ingredients of the procurement process from the MDB perspectiven Analyse FIDIC’s role before, during and after the contracting process


Cara Roughan, Contracts Management Advisor, UNOPS

Yolanda Tayler, Practice Manager, WORLD BANK

2:40 New Official Guidance on Modifying FIDIC Conditions – FIDIC Golden Principles This session will offer an exclusive insight into the new FIDIC guidance on safely modifying FIDIC Conditions of Contract by maintaining the integrity of the FIDIC Golden Principles, in order to minimize disputes. The presenters are members of Task Group 15 on Golden Principles, whose remit is to determine the limits of acceptable modification of Clauses in the Particular Conditions, so as the resultant contract can still be recognised as a FIDIC compliant contract. These FIDIC Golden Principles are applicable to both the FIDIC 1999 Suite, and the 2017 Second Editions. Case studies on critical Do’s and Dont’s will be provided in the content of this session.n What is the status of the work that TG15 is engaged on at the moment?n Background to the Need for TG15 and its mandate.n Reasons for Particular Conditions which infringe on the Golden Principles.n Walk-through the TG15 Draft Golden Principles.n Examples of Breach and proper use of the Golden Principles.

Husni Madi, Leader, FIDIC TASK GROUP 15

Enrico Vink, Managing Director, FIDIC

Main Conference Day 1 | 20 February 2018


9

3:20 An Update on the FIDIC Gold BookThe concept of Design Build and Operate projects is proving very popular for both the construction of new facilities (The Gold Book) and the upgrading of existing facilities (The new Bronze Book). This session will give an overview of both these documents, including:

n Short reminder of the main features of the FIDIC Gold Book (DBO) and FIDIC Bronze Book (ODB)n Current use of the FIDIC Gold Book on water & wastewater projects – lessons learnedn Hot topic: Procurement issues under an ODB projectn Hot topic: Experiences with straightforward claims´ proceduresn Questions & answers


4:00 Afternoon Coffee

4:20

STR

EA

M A

Termination of Contract and Force Majeure Session details to follow

Grace El-Haddad, Senior Legal Counsel, QATAR RAILWAYS

420

STR

EA

M B

Risks and Insurance Provisions in the New FIDIC Books Clauses 17 to 19 of the New Editions of the FIDICForms of Contract have been extensively modified to incorporate the latest thinking of risk and risk management as expressed in International standards,and in particular the 2009 Australian/New Zealand Standard AS/NZS ISO31000:2009. The changes made reflect also modifications to the flow from risk to responsibility, liability,indemnity and insurance. This session will deal with these modifications, and in particular it will include:

n How the risk and risk management is dealt with in the New FIDIC Forms;n The distinction between the Employer’s Risks and Contractor’s Risks;n The different criteria of Risk Allocation;n How Responsibility and Liability for Care of the Works is dealt with;n Liability for breach of professional duty;n The indemnities that should be provided by the Parties for each other;n Exceptional Events &Consequences; &n The insurance requirements that must be catered for

As there are distinct differences between the various FIDIC Forms, there would be differences between the wording of these Clauses for the Red, Yellow, and Silver Books and eventually the Gold and Bronze Book.




10

5:00ST

RE

AM

AMaking the Most of The FIDIC Suite of AgreementsThis session will take you through FIDIC’s update of its suite of Agreements, released in February 2017, for use in professional services contracting. The new White Book (update of the 2006 Edition) for Client-Consultant relations, the Sub-consultancy Agreement, 2nd edition, 2017, whenever a White Book (or other) Consultant aims at subcontracting part of its Services, and the JV Agreement for Consultants, 2nd edition 2017, forming a JV or a Consortium to deliver Services to a Client, under a White Book arrangement or other. Coverage includes:

n Main features of the new FIDIC 2017 White Book vs. the 2006 Editionn The new FIDIC 2017 Sub-Consultancy Agreement, to be used in conjunction with the new White

Book or othern The New FIDIC 2017 JV Agreement – for Consultants teaming up under a White Book arrangement,

or other, with the Clientn Making the most of the new suite of Agreements - top tipsn Questions & Answers

Mahmoud Abu Hussein, Procurement & Contracts Manager, DOLPHIN ENERGY


The New Contract Management Provisions in the Updated FIDIC ContractsFIDIC has taken a long journey updating the 1999 Suite of Contracts, and the new books apparently became much more detailed in contents and in certain procedures. This session introduces some of the various more detailed contract management procedures in these documents, and seeks the answer to the question, whether all these efforts were worth and the books became easier to apply and more user friendly? Areas covered:

n Reiterating the core aims of the update;n Streamlined vs more elaborate procedures (pros and cons);n The new conditions’ impacts on the various stakeholders actions;n More time bars (?) – but are these real ones?n Examples of changed / more detailed project management provisions


5:35 Chair’s Closing Remarks and Drinks Reception



“ Attending the FIDIC Middle East contract users conference is essential as it makes me return to work with a wealth of

knowledge that benefits and enhances the quality of my work ”

Waleed El Nemr, Hill International

“ This conference is a must-attend for construction project participants in the Middle East ”

Ahmed Fathy Waly, Waly Arbitration And Contract Management

11To register or for the latest information, please visit: https://law.knect365.com/fidic-middle-east/ Tel: +44 (0)20 3377 3279 Email: [email protected]

8:00 Breakfast Briefing A: The New Guidance Notes to the 2017 FIDIC Suite of Contracts – All You Need to Know on How to Navigate Key ChangesTogether with an update and improvement of the General Conditions of Contract in the 2017 FIDIC Suite of Contracts, FIDIC’s Contracts Committee has correspondingly updated the Guidance Notes for the preparation of Particular Conditions. In this session FIDIC’s Contracts Committee’s Principal Drafter will identify the main changes and new alternative clauses, including:

n Milestonesn Limitation of liabilityn Ownership of plant and materialsn Concurrent delaysn Training and supervisory assistance by the Contractorn Valuation of the Worksn Advance payment in instalmentsn Employer-Supplied Materials and Employer’s Equipmentn Nominated subcontractorsn The DAABn Amicable settlement of disputesn Arbitration


8:00 Breakfast Briefing B: BIM and Its Impact on FIDIC Contract Management in the Middle EastBIM continues to feature widely as a project requirement, as part of the increasing focus on whole life project performance for effective construction procurement. Where BIM is applied to the project it affects all those with design, construction and facilities management roles: design consultants; cost consultants; specialist designers; contractors undertaking design; main contractors and sub-contractors; suppliers; and FM managers. This needs to be addressed within all of the contracts for project participants who influence or contribute to the BIM model. This breakfast briefing, led by eminent experts in the field with a wealth of international experience across a number of geographies, will focus on risks and the necessary procedures and contractual arrangements for the management of BIM within construction and professional services agreements.

Scott Lambert, Partner, BEALE & COMPANY

8:40 Registration & Coffee

9:00 Chair’s Opening RemarksSiobhan Fahey, Member, FIDIC CONTRACTS COMMITTEE

FIDIC Middle East Contract Users’ Conference Main Conference Day 2 21 February 2018

12

9:05 The Enhanced Claims Provisions in the Updated Contracts: What do These Mean?This session will discuss ways to try to avoid claims arising in the first place but then, if they do arise, how best to present claims under the FIDIC form with particular reference to:

n Understanding typical project risksn Using the tools the FIDIC contract gives youn Different approaches under the civil and common lawn The requirements for notices of claimn How best to prevent claims becoming disputes

Lee Barry, Managing Director - Middle East and Africa, DRIVER TRETT

Cremona Cotovelea, Member, FIDIC PROCUREMENT POLICY SUB-COMMITTEE

9:50 Time Bar Provisions: What’s Changing? The time bars for both Contractor and Employer claims are essential elements of the FIDIC Conditions of Contract. Their project management purpose is clear but is not always implemented by the Parties. Civil and common law regimes typically treat time bar provisions differently. Added to this, concern has been expressed that Contractor and Employer claims are treated differently under the existing forms of FIDIC. Do the proposed changes to the FIDIC contract address this problem? Coverage includes:

n Purpose of the mechanisms for administering and processing claimsn Civil law treatment of time bar provisionsn Common law treatment of time bar provisionsn What changes are there in the new FIDIC contracts?

Adrian Bell, Partner and Co-Head of Infrastructure, Construction and Energy Disputes,, CMS

Jeremie Witt, Partner, CMS

10:35 Morning Coffee

10:55 Regional & International Case Studies Review by FIDIC Users This panel session will assemble experienced FIDIC Contract Users from different regions and industry sectors to share their experiences in using the FIDIC Contracts as key project administration tools in some of the most challenging environments.Delegates will benefit from listening to case studies on the FIDIC Red and Yellow Book, as well as other books in the FIDIC Rainbow suite, and will also have an opportunity to pose any questions to the panellists. All case studies will be new to this conference.

Loay Ghazeleh, Advisor, MINISTRY OF WORKS, BAHRAINBasar Sahin, Contracts and Claims Director, ICM CONSULTING

Asel Al Houssan, Head of Contract and Commerical SMART ACTION FZE

Grace El-Haddad, Senior Legal Counsel, QATAR RAILWAYS

11:55 Contract Administration and Dispute Avoidance from an International Contractor’s Perspective This panel session will assemble seasoned Contractors and in-house contract specialists from large infrastructure and engineering firms operating at the coal face of real world implementation of FIDICForms of contract. The panel will be discussing critical areas of contract administration including optimisation opportunities and common pitfalls to avoid, as well as the latest trend in dispute management and avoidance. Each of the speaker will provide a key takeaway or mantra to live by as a Contractor-side user of FIDIC. Not to be missed!

Moderator: Ulrich Helm,Partner and Head of Infrastructure, Energy, Resources & Projects - Germany, HOGAN LOVELLS INTERNATIONAL

Engy Serag, Contracts and Claims Director, ORASCOM CONSTRUCTION

Andrew Kirk, Senior Legal Advisor, PETROFAC

Aniela Foster-Turner Senior Commerical Lawyer SIEMENS GAMESA RENEWABLE ENERGY

Nabeel Khokhar, Director, STRABAG


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12:45 Lunch

1:55 DABs Role Under FIDIC Conditions - Current Practices and The New RulesAlong with the ongoing review and update of the FIDIC Yellow Book, Red Book and Silver Book, FIDIC are reviewing and updating their Dispute Adjudication Rules with a view to reflect current best practice for Dispute Boards. The main changes and improvements introduced will be explained and discussed during this session. These will include, among others, the reformulation of the current 20 clauses of the FIDIC contracts, with a new Clause 21 dedicated to dispute avoidance and resolution.

Ahmed Fathy Waly, Contract Administration Consultant, WALY ARBITRATION AND CONTRACT ADMINISTRATION

Karen Gough, Barrister, 39 ESSEX CHAMBERS

2:50 Afternoon Coffee

3:10 Arbitration & Alternative Dispute ResolutionThis session considers the phenomenon of construction disputes; what they are, how they occur and crucially, how they can be minimized and resolved with the greatest efficiency. Specifically, attention is focused on the FIDIC contractual provisions and their optimum operation. The aim is to equip the representatives and advisors of the Parties and the Engineer to make good choices in moving towards swift, cost effective resolution. Panellists will examine:

n What constitutes a ‘dispute’?n How do construction disputes occur?n The FIDIC Amicable Settlement provisionsn Alternative Dispute Resolution techniquesn International Arbitration under FIDIC - looking forward

Kamal Adnan Malas, Accredit International Arbitrator, KAMAL MALAS & ASSOCIATES

Ellis Baker, Head of Construction & Engineering Practice Group, WHITE & CASE

Michael Turrini, Head of Middle East Construction Group, WHITE & CASE

4:05 Particular Conditions for 2017 Edition in the Middle East Public Context: Pros and Cons

Enrico Vink, Managing Director, FIDIC

Giorgiana TecuciMemberFIDIC CAPACITY BUILDING COMMITTEE

4:50 Ask the FIDIC Experts & Special Advisors - Q&A sessionThis Q&A is always a popular session with contract users looking for cutting edge advise from several leading international FIDIC advisors. Don’t miss your opportunity to put your questions directly to ourpanel of FIDIC Experts and Special Advisors. They will try to address as many of your questions as possible during the two days of the main conference and we would like to remind you these can be submitted in a number of ways. You can:

n Ask for the microphone and put your questions live to our panel on stagen Submit a question through our event app and have this answered in real timen Tweet us your question using the hashtag #FIDICME18n Email a complex question in advance to [email protected] so this can be

addressed by our experts at the event having given it careful consideration in the run-up to the event


Ellis Baker, Head of Construction & Engineering Practice Group, WHITE & CASE

Nabil Abbas MemberFIDIC ARABIC

5:40 Close of Main Conference

14 To register or for the latest information, please visit: https://law.knect365.com/fidic-middle-east/ Tel: +44 (0)20 3377 3279 Email: [email protected]

PRE-CONFERENCE WORKSHOPS Monday 19 February 2018

POST-CONFERENCE WORKSHOP Thursday 22 February 2018

WORKSHOP A: Dealing with Modified Contracts Under the New FIDIC Guidance (08:00 Registration, 08.30-12.30 Workshop)

Introduction to the 2017 FIDIC Suite of Contracts (08.30 Registration, 09:00-17.30 Workshop)

WORKSHOP B: Construction Disputes - Claims & Dispute Resolution (13.00 Registration, 13.30-17.30 Workshop)

FIDIC contracts require the parties to add important details, such as the amount of delay damages, but also permit them to agree projectspecific changes to the general conditions. This breakfast briefing will be an opportunity to consider some of the key issues arising when negotiating and agreeing such matters, identifying problem areas and pitfalls to look out for. The session will be interactive with practical examples used to facilitate discussion and exchange of experiences. Topics covered will include:n How do you modify a FIDIC contract? - Some dos and don’ts

n Does the project location require a modification?n Choosing the governing law and other key termsn Dealing with changes to risk allocation and the dispute resolution clausesn Overview

Scott Lambert, Partner, BEALE & COMPANY

Attend this practical workshop for an introduction to different claims procedures, a deeper understanding of concurrent delay principles and how they are applied, relevant elements within the FIDIC contract suite, when and how to claim under the contract and when to claim for breach, and much more. Coverage includes:

n Claims v Disputes, including when and how to claim under the contract and when to claim for breach

n Establishing schedule and cost controlsn Alternative Dispute Resolution, including mediationn Arbitration in the Middle East – what to think about before, during and after

n Prolongation, disruption and acceleration cost claims, including how they are assessed

n Overhead & additional payment claims

Lee Barry, Managing Director - Middle East and Africa, DRIVER TRETT


Wrap up this year’s conference with an in-depth look into the new FIDIC Suite of Contracts. Join the FIDIC Contracts Committee and gain a detailed understanding into the changes to the 1999 FIDIC Suite. This full day workshop, will begin with a refresher on the 1999 Suite of Contracts, then leading on to the 2017 Suite from a comparative view. The afternoon will be focussing on the 2017 specifically, ensuring that you are brought fully up to speed on the new Red, Yellow and Silver books. This is an essential workshop for all!

Further session details to be announced shortly

Morning Workshop Leader:


Morning Workshop Leader


Afternoon Workshop Leader


15

MEET 30 FIDIC EXPERTS & USERS INCLUDING...

Siobhan FaheyMember

FIDIC CONTRACTS COMMITTEE

Aisha NadarMember

FIDIC EXECUTIVE COMMITTEE

Mahmoud Abu Hussein Procurement

DOLPHIN ENERGY

Zoltán Záhonyi Chairman


Husni MadiFIDIC Accredited Trainer; CEO Shura Construction Management; Member

FIDIC TASK GROUP 15

Sebastian HökAdjudicator

FIDIC PRESIDENT’S LIST

Ellis BakerHead of Construction & Engineering

Practice Group WHITE & CASE

Grace El-HaddadSenior Legal Counsel QATAR RAILWAYS

Adrian Bell Partner and Co-Head of Infrastructure,

Construction and Energy Disputes, CMS

Nael BunniSpecial Advisor


Ahmed Fathy WalyContract Administration Consultant

WALY ARBITRATION AND CONTRACT ADMINISTRATION

Loay GhazelehAdvisor

MINISTRY OF WORKS, BAHRAIN


Kamal MalasAccredit International ArbitratorKAMAL MALAS & ASSOCIATES

Beau McLaren Partner

HFW

Cara Roughan Contracts Management Advisor

UNOPS

Engly SeragContracts and Claims Director ORASCOM CONSTRUCTION

16

MEET 30 FIDIC EXPERTS & USERS INCLUDING...

Michael SergeantPartner

HFW

Michael TurriniHead of Middle East Construction Group

WHITE & CASE

Jeremie Witt Partner

CMS

Andrew Kirk Senior Legal Advisor

PETROFAC

Asel Al Houssan Head of Contract and Commerical

SMART ACTION FZE

Aniela Foster-Turner Senior Commerical Lawyer

SIEMENS GAMESA RENEWABLE ENERGY

Nabil Abbas Member

FIDIC ARABIC TRANSLATION COMMITTEE

Ulrich HelmPartner and Head of Infrastructure, Energy,

Resources & Projects - Germany HOGAN LOVELLS INTERNATIONAL

Lee BarryManaging Director - Middle East and Africa

DRIVER TRETT

Enrico Vink Managing Director

FIDIC

Giorgiana TecuciMember

FIDIC CAPACITY BUILDING COMMITTEE

Basar SahinContracts and Claims Director

ICM CONSULTING

Nabeel KhokharSTRABAG

Karen Gough Barrister

39 ESSEX CHAMBERS

Cremona CotoveleaMember

FIDIC PROCUREMENT POLICY SUB-COMMITTEE

Scott Lambert Partner

BEALE & COMPANY

Yolanda TaylerPractice Manager

WORLD BANK


17

Supporting Partner

White & Case is a leading global law firm with lawyers in 41 offices across 30 countries. The White & Case Construction & Engineering group assists clients around the world on all their construction-related needs, from drafting of tender and project documentation to the resolution of disputes which may arise from or in relation to a construction project.

Supporting Sponsors

CMS has more than 3,000 lawyers in 58 offices around the world and frequently operates in those countries where we have no permanent base. We are recognised as market leaders and top-ranked by independent directories for our expertise in Construction (International Arbitration, Purchaser and Supplier), PFI/PPP, and Energy and Natural Resources.

Holman Fenwick Willan (HFW) is an international law firm with offices in 13 cities around the world, including Dubai, London, Hong Kong, Shanghai, Singapore, Sydney and Sao Paulo. It has a significant global construction team, advising on procurement and contract negotiation, providing a “project counsel” role during the construction phrase, as well developing claims and acting on disputes. The team works on a wide variety of projects including energy, oil & gas, transport and large civil engineering projects. The partners in the HFW team wrote the key book on construction project changes, Construction Contract Variations.

Associate Sponsors

Driver Trett provides consultancy services, supporting effective delivery of clients’ projects. Specialities include contract management, planning, programming and scheduling, defects rectification, and dispute resolution support.

Our experienced, highly committed team, are dedicated to delivering services on time and within budget, either as standalone services or part of an integrated team with clients’ existing construction management.

Sponsors

Beale & Company is a specialist construction and insurance law firm based in the U.K., Ireland and the UAE. In the Middle East our team of Partners and dedicated legal consultants advise exclusively on engineering and construction matters in relation to contract and project management, disputes and international arbitration. The team are recognised for their work in the construction industry by Chambers Global 2017 and the Legal 500 EMEA 2017.

SUPPORTERS OF FIDIC MIDDLE EAST CONTRACT USERS’ CONFERENCE


Delegates are responsible for the arrangement and payment of their own travel and accommodation. Informa has negotiated a special room rate at the hotel, to take advantage please go to the Plan Your Visit page on the conference website.

WHEN AND WHERE

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Date and Venue:

Main Conference Days: 20-21 February 2018 Pre-Conference Workshops: 19 February 2018 Post-Conference Workshop: 22 February 2018

Dubai, UAE

£200 discount

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Web: https://law.knect365.com/fidic-middle-east/

Telephone: Tel: +44 (0)20 3377 3279 Please remember to quote FKW82773

Fax: Complete and send this registration form to: Fax: +44 (0)20 7017 4746

Payment should be made within 14 days of registration. All registrations must be paid in advance of the event. When registering, please quote your VIP code – found in top right hand corner of this booking form.

FOUR EASY WAYS TO REGISTER

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£200 saving for 3rd and subsequent delegates. The VAT rate is subject to change and may differ from the advertised rate. The amount you are charged will be determined when your invoice is raised. Please note the conference fee does not include accommodation or travel costs. All discounts can only be claimed at the time of registration and multi-booking discounts cannot be combined with other discounts that may be available (apart from early booking discounts which are available to everyone). The £200 saving for 3rd delegates is not available for people only attending a half-day workshop. All discounts are subject to approval. We are happy to accept a replacement delegate for the whole event; however delegate passes cannot be split or shared between delegates under any circumstances.

TERMS AND CONDITIONS Attendance at this Event is subject tothe KNect365 Law Delegate Terms and Conditions at https://law.knect365.com/fidic-asia-pacific-contracts/terms-and-conditions.Your attention is drawn in particular to clauses 6, 8 and 14 ofthe KNect365 Law Delegate Terms and Conditions which havebeen set out below:Cancellation Policy: Cancellations received in writing more than 2weeks before the event will be subject to a service charge of £99.The full conference fees remain payable if cancellations arereceived less than 2 weeks prior to the event. Substitutions arewelcome at any time. It may be necessary for reasons beyondthe control of the organiser to alter the content and timing of theprogramme or the identity of the speakers. In the unfortunateevent that an event is cancelled Informa are not liable for anycosts incurred by delegates in connection with their attendance.This contract is subject to English Law. Changes to theConference: KNect365 Law may (at its sole discretion) changethe format, speakers, participants, content, venue location andprogramme or any other aspect of the Event at any time and forany reason, whether or not due to a Force Majeure Event, in each

case without liability. Data protection: The personal information which you provide to us will be held by us on a database. You agree that KNect365 Law may share this information with other companies in the Informa group. Occasionally your details may be made available to selected third parties who wish to communicate with you offers related to your business activities. If you do not wish to receive these offers please contact the database manager. If you do not wish your details to be available to companies in the Informa Group, or selected third parties, please contact the Database Manager, Informa UK Ltd, Maple House, 149 Tottenham Court Road, London, W1T 7AD, UK. Tel: +44 (0)20 7017 7077, fax: +44 (0)20 7017 7828 or email [email protected] Incorrect Mailing: If you are receiving multiple mailings or you would like us to change any details, or remove your name from our database, please contact the Database Manager at the above address. By completing and submitting this registration form, you confirm that you have read and understood the KNect365 Law Delegate Terms andConditions and you agree to be bound by them.

FIDIC Middle East Contract Users’Main Conference Days: 20-21 February 2018 Pre-Conference Workshops: 19 February 2018 Post-Conference Workshop: 22 February 2018

Dubai, UAE

VIP CODE

Please quote the above VIP code when registering

q By Bank Transfer: Full details of bank transfer options will be given with your invoice on registration.

q By Credit Card: To ensure we provide the highest level of security for your credit card details we are unable to accept such payments via email or fax, which ensures that these details are never stored on our network. To make payment by credit card on-line, please enter your credit card details in our secure payments website that you will use when making your booking via the event website (the event web address is near the top of the booking form). Alternatively call our customer service team on +44 (0) 20 3377 3279.

Book by 18 Jan. 2018 Standard Price

Full Event: 2-day main conference + 3 workshops £3146 (Save £700) £3346 (Save £500)

3.5-Day Package: 2-day main conference + full-day New 2017 Suite workshop + 1 half-day workshop (specify 1 half-day workshop below)

£2847 (Save £500) £3047 (Save £300)

3-Day Package 1: 2-day main conference + both half-day workshops

£2347 (Save £500) £2547 (Save £300)

3-Day Package 2: 2-day main conference + full-day New 2017 Suite workshop

£2548 (save £300) £2748 (Save £100)

2.5-Day Package: 2-day main conference + 1 half-day workshop (specify 1 half-day workshop below) £2048 (Save £300) £2248 (Save £100)

2-day Main Conference Only £1649 (Save £200) £1,849

Full-day New 2017 Suite Workshop Only £999 £999

Half-day Workshops Only: (specify 1 or both half-day workshops below)

£499 each £499 each

Plus: opportunity to have all three new books to hand at the conference while they are being discussed (the Red Book will be handed out to all delegates on a complimentary basis).

New Yellow & Silver Books: £60 + VAT @ 20% (£72.00)

Specify your workshop(s): Workshop A, 19 February, morning: Dealing with Modified Contracts Under the New FIDIC

Guidance Workshop B, 19 February, afternoon: Construction Disputes - Claims & Dispute Resolution

Email: [email protected]

Documents

FIDIC Suite Official Middle East Launch FIDIC’s Official ... · PDF fileof the new Red Book and be given the option to buy the 2017 editions of the Yellow and Silver ... Benefit