Overview

This training explains and illustrates the use of the FIDIC design-build (the “Yellow Book”. The course is designed to help the participants have confidence in working with these documents whether representing employers, consultants or contractors.

According to FIDIC the Yellow Book is “Conditions of Contract for Plant & Design-Build (Second Ed, 2017) is suitable for Electrical & Mechanical Plant & For Building & Engineering Works Designed by the Contractor.

Guidance is provided for the Preparation of particular conditions and Annexes: forms of securities, Forms of Letter of Tender, Contract Agreement and Dispute Adjudication/Avoidance Agreement.

Why Should an Individual Attend?

• Greater detail and clarity on the requirements for notices and other communications.
• Provisions to address Employers’ and Contractors’ claims treated equally and separated from disputes.
• Mechanisms for dispute avoidance and
• Detailed provisions for quality management, and verification of Contractor’s contractual compliance.

Outcomes

• These Conditions of Contract for Plant and Design-Build include conditions, which are likely to apply to the majority of such contracts. Essential items of information which are particular to each individual contract are to be included in the Particular Conditions Part A – Contract Data.
• In addition, it is recognised that many Employers, especially governmental agencies, may require special conditions of contract, or particular procedures, which differ from those included in the General Conditions. These should be included in Part B – Special Provisions.

It should be noted that the General Conditions and the Particular Conditions (Part A – Contract Data and Part B – Special Provisions) are all part of the Conditions of Contract.

Program Outline

1. The FIDIC Contracts and the Silver Book and Yellow Books

• Who and What is FIDIC?
• Design & Build – Yellow Book vs Silver Book. 2. Planning input & use criteria
• FIDIC®’s views on when the Yellow Book should and should not be used.
• Project risk and the Yellow Book
• Drafting Employer’s Requirements
• Employers’ requirements reducible to certain and specific functional and performance outcomes
• Assessment criteria capable of validating outcomes
• Tender requirements
  • Planning input and criteria on Particular Conditions Part One (Contract Data)
  • Planning input and criteria on Particular Conditions Part Two (Special Conditions)
• Contractor’s warrantee relating to Employers Requirements
• Negotiation and clarification requirements pre-contract formation 3. Preparing the contracts
• Principles of Contract Law the pertain to FIDC and ‘works’ contracts
• Order of precedence and the Contract Agreement
• Preference of FIDIC documentation over the CIDB terminology
• Other documents forming a Yellow Book Contract
• How to modify FIDIC Forms when using the CIDB standard for uniformity
• Form of Offer and Acceptance vs Form of Agreement, Critique of the SANS process & the CIDB

4. Overview and analysis of the clauses and subclauses of the FIDIC Yellow Book with a focus on drafting and contract management & administration

4.1. General Provisions
4.2. The Employer
4.3. The Employers Administration
4.4. The Contractor
4.5. Design
4.6. Staff and Labour
4.7. Plant, Materials and Workmanship
4.8. Commencement, Delays and Suspension
4.9. Tests on Completion
4.10. Employer Taking Over
4.11. Defects after Taking Over
4.12. Tests after Completion
4.13. Variations and Adjustments
4.14. Contract Price and Payment
4.15. Termination by Employer
4.16. Suspension and Termination by Contractor
4.17. Care of the Works and Indemnities
4.18. Exceptional Events
4.19. Insurance
4.20. Employer's and Contractor's Claims
4.21. Disputes and Arbitration

Who Should Attend?

• Engineers
• Architects
• Project / Construction managers
• Quantity Surveyors
• Construction Health & Safety
• Contractors / Sub Contractors
• Executives / Senior Management
• Middle Management
• Administrators / Support Staff