Overview

According to FIDIC the Silver Book is “suitable for the provision on a turnkey basis of a process or power plant, of a factory or similar facility, or of an infrastructure project or other type of development, where (i) a higher degree of certainty of final price and time is required, and (ii) the Contractor takes total responsibility for the design and execution of the project, with little involvement of the Employer. Under the usual arrangements for turnkey projects, the Contractor carries out all the Engineering, Procurement and Construction (EPC): providing a fully equipped facility, ready for operation (at the "turn of the key")

This contract has been controversial because of the significantly higher risk it places on the Contractor than the usual FIDIC forms. Therefore, Contractor’s used to the usual risk balance in the other FIDIC forms need to approach this contract with caution and with a complete understanding of the applicable terms.

Why Should an Individual Attend?

• This course explains and illustrates the use of the FIDIC EPC/Turnkey Conditions of Contract (the “Silver Book”) and the design-build (the “Yellow Book” .
• It is designed to help the participants have confidence in working with these documents whether representing employers, consultants or contractors.

Program Outline

The FIDIC Contracts and the Silver Book and Yellow Books

• Who and What is FIDIC?
• Design & Build – Yellow Book & Silver Book.

Planning input & use criteria

• FIDICs views on when the Silver and Yellow Books should and should not be used.
• Project risk and the Silver Book
• 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

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 FIDIC Silver or 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

Overview and analysis of the clauses and subclauses of the FIDIC Silver and Yellow Books with a focus on drafting and contract management and administration

• General Provisions
• The Employer
• The Employers Administration
• The Contractor
• Design
• Staff and Labour
• Plant, Materials and Workmanship
• Commencement, Delays and Suspension
• Tests on Completion
• Employer Taking Over
• Defects after Taking Over
• Tests after Completion
• Variations and Adjustments
• Contract Price and Payment
• Termination by Employer
• Suspension and Termination by Contractor
• Care of the Works and Indemnities
• Exceptional Events
• Insurance
• Employer's and Contractor's Claims
• 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