Federation Internationale des Ingenieurs Conseils

International FIDIC Contracts Training Course AT HOTEL NOVOTEL Bucharest - Romania 4-5 April 2013

Two days course on:

“Practical use of the 1999 FIDIC Conditions of Contract” Tutors: Bogdan Oprea, Civil Engineer, International FIDIC Accredited Trainer Augustin Purnus, PhD, PMP, Civil Engineer

For future information contact: Bogdan Oprea Email: [email protected] Visit and registration form web sites: https://sites.google.com/site/bogdabdrb/home/fidic-training

FIDIC 99 EDITIONS – ESSENTIALS FOR WORKING IN INTERNATIONAL PROJECTS

General FIDIC has always exercised its mandate in the production of various documents, contract forms, guides and manuals to assist Consulting Engineers, Employers, Contractors and other factors all over the world to perform and deliver services to their clients. These publications have facilitated the business practice of Consulting Engineers to establish standards or norms which are used by an increasingly large number of Consulting Engineers and their clients. FIDIC 1999 Conditions of Contract are used all over the world. These conditions of Contract are used in Central and Eastern Europe, where countries in the cohesion process to the EU are using FIDIC 99 conditions of Contract, in Africa, and Asia where Multi-Lateral Development Banks, including World Bank, Islamic Bank of Development, Asian Development Bank have adopted FIDIC 1999 Edition the New Red Book with modifications. In the present context of the highly competitive field, knowing the Contracts and the rights and obligations of the Parties will avoid future problems. Some of the documents are very specific, while others are more of a guideline. Almost inevitably, all of the FIDIC products have had the benefit of a large number of members contributing to the total effort in developing such Contracts by FIDIC. The scope of the training is to explain and illustrates how to use de FIDIC 99 Conditions of Contract. The Course path through practical issues on the FIDIC 1999 Conditions of Contract including the New Red Book, Yellow Book, Silver Book and Pink Book. During the course the participants will have the opportunity to open discussions in order to clarify some of the practical issues.

Tutors Bogdan Oprea The tutor is accredited FIDIC trainer, provided by AB Resolution in association with FIDIC. The training is conducted by Bogdan Oprea a FIDIC accredited trainer. He is a Member of the Dispute Resolution Board Foundation, of the Romanian Association of Consulting Engineers and on the Association of Consulting Engineers and Experts - Poland (SiDIR). Mr. Oprea is listed on the DRBF President List of Dispute Boards Member, Romanian national list of adjudicators, Polish national list of adjudicator, and he is an accredited mediator. He has served recently as Mediator, Negotiator and Adjudicator under FIDIC Conditions of Contract on several International Contracts. He has trained extensively for FIDIC as an accredited FIDIC trainer in Europe, Middle East, Asia, South America and Africa, specializing on FIDIC contracts and the management of claims and the resolution of disputes. Augustin Purnus

FIDIC 99 EDITIONS – ESSENTIALS FOR WORKING IN INTERNATIONAL PROJECTS Dr. Purnus is a consultant civil engineer with a wide experience gained in more than 25 years in project planning, scheduling and cost control in various types of construction projects and trainer and consultant in project managements. He is a Member of the Dispute Resolution Board Foundation, Project Management Institute (PMI), Association of Cost Engineers (ACostE) UK and a Past President of PMI Romania Chapter. Dr. Purnus is appointed expert in Forensic Scheduling in several ICC cases using his experience in FIDIC Conditions of contracts in contract risk management. As Associate Professor at the Technical University of Civil Engineering, Bucharest and the Academy of Economic Studies Bucharest, Dr Purnus is the author or co-author of 8 books and more than 60 articles and studies in professional reviews, and in national and international conferences and symposiums.

Practical use of the 1999 FIDIC Conditions of Contract advanced This workshop is structured in sessions including, but not limited to: An introduction of FIDIC 1999 series, MDB and Gold Book with their last developments; Role of the main actors involved in the Contract (Employer, Engineer, Contractor); issues related to the execution of the works, plant, materials, rejection, inspection, taking over of the works, defect liability period; elements related to measurement and evaluation, variations, payment; termination of the Contract, risks and responsibilities, insurance; claims, disputes and arbitration

Training Materials All delegates will be provided with the following materials in English: • • •

FIDIC’ 99 Red Book Conditions of Contract Training Course Work Exercises

Who should attend? The course provides the necessary information for professionals from the Government, Employers, Contractors, Private Sector, Engineers, and Consulting Engineers. It is also addressed to Quantity Surveyors, Legal Advisers, and Architects. It is important for the peoples involved in preparing and implementing projects under FIDIC Conditions of Contract.

FIDIC 99 EDITIONS – ESSENTIALS FOR WORKING IN INTERNATIONAL PROJECTS Program: Day 1 8:30 – 9:00

Registration and Networking

9:00 – 10:30

Project Contracting Strategy Contracts – Principals, Types, Law Common Law – Civil Law Project Contracting Strategy Introduction to the 1999 FIDIC documents (Construction Contract; Plant and Design-Build, Turn Key, Short Form Contract) Background and reasons for change Examination of format and content of General Conditions Examination of Guide to Particular Conditions Annex to documents Selection of appropriate Contract

10:30 – 11:00 Refreshments 11:00 – 13:00 Responsibilities of Main Parties General issues Responsibilities of the Employer The Engineer The Contractor 13:00 – 14:00 Lunch 14:00 – 15:30 Responsibilities of Main Parties The Contractor Nominated Sub-Contractor 15:30 – 15:50 Refreshments 15:50 – 17:00 Management of Projects - Key Areas Workmanship and Time Staff and Labor Plant, Materials and Workmanship Commencement, Delays and Suspension Tests and Defects liability

FIDIC 99 EDITIONS – ESSENTIALS FOR WORKING IN INTERNATIONAL PROJECTS Day 2 8:30 – 9:00

Registration and Networking

9:00 – 10:30

Financial Clauses and Procedures Measurement and Evaluation, Variation and Adjustment Contract Price and Payment

10:30 – 11:00 Refreshments

11:00 – 13:00 Financial Clauses and Procedures Guarantees, Bonds Insurances Risks, Force Majeure & Termination Termination by Employer Suspension & Termination by Contractor 13:00 – 14:00 Lunch 14:00 – 15:30 Risks, Force Majeure & Termination Risks and Responsibilities Force Majeure 15:30 – 15:50 Refreshments 15:50 – 17:00 Claims and Disputes & Arbitration Claims procedures Disputes Adjudication Board DAB Agreement & Procedures Amicable Settlement and Arbitration

Throughout the seminar there will be opportunities for questions, and where appropriate, case studies will be introduced.

FIDIC 99 EDITIONS – ESSENTIALS FOR WORKING IN INTERNATIONAL PROJECTS REGISTRATION FORM Delegate details: First name:____________________________________ Family name:__________________________________ Company:_____________________________________ Company Address:______________________________ _____________________________________________ TAX ID No (VAT No): ____________________________ Country:______________________________________ Telephone:____________________________________ Fax:__________________________________________ E-mail:________________________________________

I confirm the payment of:________ Payment by: Bank Transfer payable to: CPM CONSULTING SRL 98 Turda Str., Tr. II, sect. 1, 011333, Bucharest, Romania Banca Comerciala Romana, Crangasi Branch Swift Code: RNCBROBU Payment in Euro for non-resident Entities: IBAN: RO70 RNCB 0066 0039 4470 0010 Payment in RON for resident Entities: IBAN: RO22 RNCB 0066 0039 4470 0001 IBAN: RO34 TREZ 7065 069X XX01 1888

1) Seminar Fee, Registration & Payment Receipts Registration Fee per delegate: €750 including value added tax (24% VAT). For multiple delegates, the fee for the 2nd and subsequent delegates is €650 including value added tax (24% VAT). For Governmental Organization, the fee per delegate is €500 including value added tax (24% VAT). For resident Entities the payment will be done in RON at the BNR exchange rate of payment date. The full fee is payable in advance in Euro and includes the cost of all lunches, coffee/tea breaks, tuition, course certificate and documentation, including Red Book FIDIC Contracts. A limited number of Yellow Book FIDIC Contracts may be provided at the request of participants against charge. The registration process shall not be complete until we have Registration Form signed is received and payment done. Once both received, we will confirm it with the registered delegate by an acknowledgement via email or fax. We reserve the right to refuse admission or withhold materials if payment is not received and to adjust invoices to reflect changes in VAT if any. Registration will be closed 5 (five) days before the event date. 2) CANCELLATIONS Cancellations by delegates must be made in writing and received no later than 14 days before the seminar, in which event we will refund the fee less 10% cancellation charge to cover administration costs. After this date it is regretted that no refunds of fees will be made and the full registration fee will be payable. For registrations made within two weeks of the date of the seminar, no refund shall be made. Substitutions may be made at any time. 3) CANCELLATION BY ORGANIZERS We reserve the right to cancel the event if it is under-subscribed or for any other reason. In the event of cancellation, we will refund the seminar fee in full. It may also be necessary for reasons beyond the control of the Organizers to change the contents, the tutors, the date or the venue of the seminar. In case of postponement, registered delegates have the right to choose to attend the seminar on the new dates or to request for refund. Organizers shall not be held liable for any pre-booked travel or accommodation costs in case of cancellation or postponement. 4) Hotel Accommodation Delegates must arrange their own hotel accommodation and payment thereof. Limited accommodation is available at Novotel Hotel, Bucharest. (For more info, visit www.novotel.com). 5) Bank Charges and Taxes All bank-charges for Wire Transfers or Deposits are the delegate’s responsibility and shall be invoiced to the delegate if it is charged to our account.

I have read and accept the terms and conditions: Name: Signature:

Due to limited no of places please submit your registration form by e-mail to: [email protected] or by fax to: + (4)0318151517