Practical FIDIC contract management programme for public employers

BRIDGE Consult has developed a practical training programme on FIDIC 1999 and FIDIC 2017 contract management for the public authorities and state employers of Uzbekistan delivering infrastructure projects.

The programme is addressed to the Ministry of Construction, the Ministry of Transport, JSC Uzsuvtaminot, the State Expertise under the Ministry of Construction, as well as project employers, engineers, consultants and project managers.

What makes this programme different

The programme is deliberately not structured as a clause-by-clause walkthrough of the conditions of contract. Its purpose is to address the real, recurring problems that Employers, Engineers, Contractors and public bodies meet in practice, and to build the ability to recognise and resolve them before they turn into an extension of time claim, an additional cost claim, a Variation dispute or a formal dispute referred to the DAAB or arbitration.

The programme is based on the FIDIC Conditions of Contract 1999 and 2017, international practice on projects financed by multilateral development banks (World Bank, ADB, AIIB, EBRD), the SCL Delay and Disruption Protocol, and established construction claims practice.

A single format for every case

Each practical issue is analysed across nine fields, which moves the discussion from theory to a management decision:

• Practical issue — the specific problem
• Typical scenario — what usually happens on site
• Time impact — effect on the programme and completion
• Cost impact — effect on project cost and cash flow
• Relevant FIDIC clauses — applicable sub-clauses of the 1999 and 2017 editions
• Common mistakes — set out separately for the Employer, the Engineer and the Contractor
• Learning objective — the competence participants acquire
• Practical example — a scenario for group work

The 18 modules

Contract administration · Programme management · Time management · Extension of time · Delay analysis · Variations · Claims · Payment · Cost control · The role of the Engineer · Employer’s obligations · Contractor’s obligations · Site management · Records kept during the works · Risk allocation · Dispute avoidance · DAAB · Arbitration.

In total the programme covers more than 40 practical cases.

A worked example

One of the key issues in the first module is compliance with time-bar provisions for notices. The typical situation: site staff are aware of an event affecting time or cost, but the Engineer is not notified within the contractual period, on the assumption that an oral report or a mention at a progress meeting is enough.

The result: the entitlement to an extension of time is put at risk regardless of the merits, and the dispute shifts from the event itself to the missed time bar. The applicable provisions are Sub-Clause 20.1 of the 1999 edition and Sub-Clauses 20.1–20.2 of the 2017 edition. The practical takeaway for participants: maintain a live notice register and distinguish the “as soon as practicable” requirement from the 28-day condition precedent.

Delivery format

The programme is delivered as a workshop with case work in groups. Sub-clause references are given in parallel for the 1999 edition (Red and Yellow Books, with the numbering broadly applicable to the Silver Book) and the 2017 edition, and are always to be checked against the Particular Conditions of the specific project — these most often modify the General Conditions.

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To discuss delivering this programme for your organisation, contact BRIDGE Consult.