The Emerald Book First Edition 2019 reprint 2023

• Date: 27 November 2023 
• Time: 9.00 – 12:30 UK time 
• Price: 450 GBP, electronic publications are included in the workshop price
• Language: English

Description

The training outlines the differences of the Emerald Book in relation to the FIDIC most used Yellow Book.
The course explains the innovative aspects of this contract, namely: 

• the mechanism for risk allocation in view of the ‘ground risk’;
• the responsibilities of the parties, the Contract Price and Time for Completion adjustment provisions related to Unforeseeable ground conditions; 
• the use of the provisions related to the management of ground risk.

During the 2023 International Contract Users’ Conference in London, FIDIC will launch a reprint of the Emerald Book following the 2022 reprint of the Red, Yellow and Silver Books and also launch the new Emerald Book Guide.  This workshop will give attendees an exclusive opportunity to learn about the improvements and amendments made in the 2023 reprint of the Emerald Book and highlight the benefits of the new Guide.

Description

• A sound knowledge of the FIDIC Emerald Book clauses and their practical application, with risk allocation and time / Price adjustment mechanism
• Recognising the benefits to use it for projects with major underground works
• Understanding how to apply it, considering its complexity
• Learning the changes in the 2023 reprint of the 2019 Emerald Book.
   

Planned contract publications included in the workshop:

• Electronic copy of the Emerald reprint 2023
• Emerald Book Guide 2023

Forum agenda

• Welcome coffee - 10:45 AM
• Part A - 11:00 AM -13:00 PM
• Lunch - 13:00 - 14:30 PM
• Part B - 14:30 - 17:00 PM

Co-moderators:

• John Papworth - Managing Director, John Papworth Limited
• Daduna Kokhreidze - General Counsel, FIDIC

This Forum is for adjudicators, dispute board members, members of the FIDIC President’s List of Adjudicators, dispute board practitioners and other industry participants who are experienced and knowledgeable in applying dispute avoidance techniques and are active in engineering, construction and infrastructure industry to discuss the latest key global issues in the dispute avoidance and adjudication arena. 

Engage with members of FIDIC’s Presidents list of Adjudicators and other dispute board practitioners in enlightening discussions about the most critical issues in the dispute avoidance arena and explore FIDIC's Practice note on dispute avoidance and gain valuable insights on the DAAB role and practical strategies for effective conflict management in construction projects. Express your interest to attend the forum by completing your registration to the conference here.

• Dr Nelson Ogunshakin OBE, CEO, FIDIC

FIDIC CEO Dr Nelson Ogunshakin will host a fireside chat discussion with Mark Wild, CEO of SGN, one of the UK’s largest gas distribution networks on the current and emerging issues in the fast-changing world of the global engineering, construction and infrastructure sector. Mark is the former CEO of Crossrail, Europe’s largest infrastructure programme and has more than 35 years of experience leading complex and critical infrastructure. He is also the former managing director of Westinghouse Signals and was CEO of Public Transport Victoria and a former Managing director of London Underground. His insights on a range of issues should be of interest to our Contract Users' Conference audience.
 

This first ‘opening the FIDIC contracts toolbox session’ will look at how FIDIC contracts have responded to current challenges facing the industry and will illustrate their flexibility and fit for purpose based on the decades of experience during which FIDIC forms have evolved. Areas to be discussed include the way that FIDIC contracts have responded to the global pandemic and also the challenge of rising inflation and the impact of war and conflict. The session will also look at some of the new and innovative features of FIDIC forms, including prolongation cost, communication forms and underground specificities in contracts.

• Response to pandemics
• Response to inflation and war impacts
• New and innovative features of FIDIC forms:
• GB Prolongation Cost (PGC) 
• Communication forms

This session will launch the new FIDIC Emerald Book Guide and Reprint for underground works and will review the relevant changes and amendments made, explore the Emerald Book Guide and look at the key areas of that as well as taking an overview of the Emerald Book project highlights. The session will also take a look at the owner’s involvement in the preparation of the Geotechnical Baseline Report (GBR), as contained in the Emerald Book.

• Amendments
• Emerald Book Guide
• Emerald Book Market Traction
• Parties’ respective involvement in the preparation of the Geotechnical Baseline Report (GBR)

This session will look at the global use of FIDIC contracts with particular emphasis on the experiences of worldwide users and how FIDIC forms are being applied. Representatives from financial institutions using FIDIC contracts will present in this session. The session will also examine FIDIC contract translations and their use and the MDB COPAs.  

• Worldwide users and FIDIC forms. 
• FIDIC contract translations and their use. 
• MDB COPAs.  
• Project highlights. 

This special breakout discussion table session will look at the development of the FIDIC Bronze Book test edition, how this is emerging, and take the feedback from users to be applied in the FIDIC’s overall approach to the test edition.

• Demand of the market.
• FIDIC approach to test edition.
   

The second ‘opening the FIDIC contracts toolbox session’ will examine further features of the contracts including design responsibility and fitness for purpose under FIDIC forms, questions and issues around insurance and liability and also how variations are dealt under FIDIC forms.

• Design responsibility and fitness for purpose under FIDIC forms. 
• Insurance. 
• Variations under FIDIC forms. 

This special breakout discussion table session will look at the use of the FIDIC White Book and Sub-Consultancy Agreement and review any pertinent feedback from the market’s experience of this Client/Consultant Model Services Agreement. The session will also explore the use of the FIDIC Green Book 2021 and White Book 2017 and particularly the adjudication mechanisms contained therein.

This final main session of the day is your chance to ask questions of the members of the influential FIDIC Contracts Committee and its special and legal advisors on their work and future plans for new and updated contracts. If you’ve always wanted to quiz the member of this committee about a particular contract or the plans for new ones, then this is your chance to do it.

The FIDIC Gala Dinner and Contract Users’ Awards Ceremony recognise excellence in the use of FIDIC contract forms for project delivery and to showcase examples of good practice through collaboration from across the world.

Winners to be announced during the Gala Dinner and Contract Users' Awards Ceremony which takes place in London as an in-person event on Tuesday 28 November 2023.

Further information on the awards and gala dinner.

Dress code: Lounge suit

• 18:45 - 19:30 - Drinks reception
• 19.30 - 24.00 - Gala Dinner and Awards Ceremony 

• Eng. James Mwangi, Board Member, FIDIC

The third ‘opening the FIDIC contracts toolbox session’ will address the key question of how to ensure that FIDIC contracts take account of the pace of industry change and business challenges. The engineering and construction sector is changing and evolving fast and there is much to address, especially in the area of contract development as industry forms need to keep up with these changes. Some of the areas to be discussed in this session include:

•    Development of FIDIC Net zero clauses.
•    Contracts for offshore windfarms.
•    The need for collaborative contracting?
•    Dealing with brownfield infrastructure.  
•    Public Private Partnerships.  

The session will also hear an update from the FIDIC contract task groups working on a FIDIC collaborative contracting approach and also FIDIC net zero provisions.  

This session will present the FIDIC Practice Note on Dispute Avoidance. The note has been prepared as part of FIDIC’s recently launched Dispute Avoidance and Adjudication Forum to highlight awareness of the dispute avoidance function of dispute boards for FIDIC contract users and adjudicators and to ensure that best practice is adopted going forward. Dispute avoidance is critical when it comes to successful project delivery and this newly published practice note should be of enormous assistance to the industry. Resolving and avoiding disputes as early and as quickly as possible is in the best interests of the project itself, as well as all those involved with it and FIDIC strongly recommends that all project stakeholders take on board the content of this helpful note and act on it.

This session will examine and address the always-interesting area of the unique challenges of global megaprojects through the eyes of those who have worked on them, either as project participants or professional advisers. The session will look at these unique challenges and how they might differ from other projects and will also consider the owner and contractor’s expectations towards megaprojects. In particular, session speakers will look at the key role of FIDIC contracts on megaprojects in ensuring that clear roles and responsibilities are allocated.

• Addressing the unique challenges of megaprojects. 
• Owner and contractor’s expectations towards megaprojects. 
• The role of FIDIC contracts to ensure clear roles and responsibilities. 

Given that dispute avoidance is critical when it comes to successful project delivery, the dispute avoidance features of FIDIC forms, knowing what they are and how to use them is crucial. FIDIC contracts are rightly lauded for their dispute avoidance features which include recommendations on project management practices, including management meetings, early warning and action, the key role of the engineer and the use of standing DAABs. These session will discuss all the above and any other relevant features of the contracts that can be useful in avoiding disputes.

• Project management practices:
  • Management meetings.
  • Early warning and action.
• Role of the Engineer
• Use of standing DAABs
   

This session will examine some of the latest developments in Construction arbitration and case law and discuss the key aspects of FIDIC contracts for arbitrators, such as recent developments around the use of time bars and the use of expedited procedure.

• Key aspects of FIDIC contracts for arbitrators. 
• Approach to time bars – recent developments. 
• Use of expedited procedure. 

• Catherine Karakatsanis., President, FIDIC

• Date: 30 November 2023
• Time: 09:00 – 16:30 UK time 
• Price: 750 GBP
• Language: English

Description

This one-day Claims training workshop will cover the claims clauses and the dispute resolution provisions under the FIDIC Conditions of Contract, 2017 Edition, with 2022 amendments. The sessions will be fully interactive, will include practical examples, case studies and conclude with a mock DAAB hearing on the subject of the termination of a contract.

Planned contract publications included in the workshop (electronic versions):

• Construction Contract 2nd Ed (2017 Red Book, Reprinted 2022 with amendments)
• Plant and Design-Build Contract 2nd Ed (2017 Yellow Book Reprinted 2022 with amendments)