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Two Days Training Course on

PRACTICAL USE, MANAGEMENT


AND ADMINISTRATION OF
FIDIC CONDITIONS
OF CONTRACT
4th & 5th August, 2014 7th & 8th August, 2014
PHD Chamber of Commerce and Industry Seminar Hall, 1st Floor, Pravin Gandhi College of Law,
PHD House, 4/2 Siri Institutional Area Mithibai College Campus, Bhaktivedanta Marg,
August Kranti Marg, New Delhi - 110016. Vile Parle (West), Mumbai - 400056.

Organised by

Consulting Engineers
Association of India

Supported by

SVKM's Pravin Gandhi


College of Law
INTERNATIONAL FEDERATION OF Vile Parle [W],
CONSULTING ENGINEERS Mumbai - 400 056.
OBJECTIVE
The FIDIC 1999 Conditions of Contract are
being used the world over where multi-lateral
development banks provide the funding. With a
number of large and complex projects going on
in the country and also in the offing, coupled
with a highly competitive arena in which the
consultants, contractors and vendors have to
provide their services, it is necessary that each
party to the contract is clear about their rights
as well as their obligations. For this to be so it
is imperative that project personnel of each
party understand the implications of each
clause of the contract and take timely action
for the due performance and implementation
of their obligation under the contract for the
WHO SHOULD ATTEND?
proper and effective progress of the project and All professionals actively involved in preparing and implementing projects
to avoid any issues which can adversely affect
under the FIDIC Conditions of Contract:
any of the parties or the project.

In a contract some documents serve as w Consulting Engineers w Architects w Quantity Surveyors


general guidelines where as others are w Contractors / Sub Contractors w Owners w Funding agencies
specific. This differentiation and the w Central and State Government departments / Ministries involved in projects
implications must also be understood by the w Executive of PSUs of Infrastructure Sector w Builders / Developers
parties concerned. w Construction professionals w Suppliers w Insurers w Lawyers
The training course will serve to explain and
illustrate how to use the FIDIC Conditions of CEAI being the FIDIC member association in India is the authorised
Contract, administer and manage it. The
course will deal with practical issues on the
body to conduct official FIDIC Training Courses in the country
FIDIC 1999 Conditions of Contract including the
New Red Book, Yellow Book, Silver Book and
the Pink Book. These will be presented by Mr.
Bogdan Oprea, a FIDIC Accredited trainer.

Case Studies and special topics based on Indian


cases will be covered by Mr. O P Goel, Dr. P V
Amarnadha Prasad and Mr. Uttam Sengupta.

FACULTY
Mr. Bogdan received degrees in civil He has served as Mediator, Negotia- Bucharest Branch Department of
engineering from the Institute of Civil tor and Adjudicator under FIDIC Con- National Administration of Roads.
Engineering, Bucharest, Romania, ditions of Contract on several Inter- Later he joined Iptana Search as a
and from L'Institute Nationale de Sci- national Contracts. chief designer for bridges and then at
ence Apliques, Lyon, France where Louis Berger as a Deputy Project
He has trained extensively for FIDIC
he was awarded a Diplome d'Etudes Manager and Claims expert. He now
as an accredited FIDIC trainer in
Aprofondies (DEA). He is a Member has his own company- AB Resolution
Europe, Middle East, Asia, South
Mr. Bogdan Oprea of the Dispute Resolution Board which specializes in assessing
America and Africa, specializing on
Foundation, of the Romanian Associ- claims, disputes, contractual risk,
FIDIC contracts and the manage-
ation of Consulting Engineers and mediation, adjudication, contracts
ment of claims and the resolution of
other organizations. His name is also and claim analysis, etc.
disputes.
listed on the DRBF President List of
Dispute Boards Member, Romanian He started his career as a Teacher
national list of adjudicators, and he is Assistant at the Faculty of Roads,
an accredited mediator. Railways and Bridges, then in the
Mr. O P Goel had a brilliant academic ings Congress - Founder President, He has organised and participated in
career after which he joined the Cen- Indian Roads Congress - Vice- a number of National and Interna-
tral Engineering Services and retired President and Indian Institution of tional conferences, seminars and
as Director General (Works), Central Technical Arbitrators - President. He workshops. He has a number of tech-
Public Works Department, Govern- is also associated with various pro- nical papers to his credit. He has a
ment of India. During that he got ver- fessional bodies on Arbitration - deep understanding of the FIDIC Con-
satile experience in all facets of civil Indian Council of Arbitration, Interna-
ditions of Contract and the Dispute
engineering particularly buildings, tional Council of Consultants, Con- Resolution Mechanism. He has deliv-
Mr. O P Goel roads & bridges right from planning, struction Industry Arbitration Council,
ered Lectures on Dispute Resolution
designing construction, project man- Singapore Institute of Arbitrators Sin-
in National and International Confer-
agement, monitoring, litigation, arbi- gapore, International Centre for ences and also as a faculty in Train-
tration, etc. He worked on many pres- Alternate Dispute Resolution, Dis- ing Institutes. Being on the panels of
tigious projects in India and abroad pute Review Board Foundation, Arbitrators & Adjudicators of various
and has to his credit construction of U.S.A. and Singapore International organizations and professional bod-
large number of buildings, bridges, Arbitration Centre. ies he has handled large number of
road works, water supply and sewage arbitration cases. Besides he has
He is a Fellow Member of the Institu-
treatment plants, special construc- acted as Arbitrator in about two hun-
tion of Surveyors, Indian Institution of
tions like chimneys, towers, irrigation dred cases. He has been the Chair-
Bridge Engineers, International Asso-
structures, dams, barrages etc. man/Member of Dispute Review
ciation of Bridge and Structural Engi-
Boards in 14 projects of Highways,
He plays a leading role in the presti- neering, Institution of Valuers, Con-
Irrigation and Sewerage of large mag-
gious professional bodies - Institution sulting Engineers Association of
nitude and an Adjudicator in many
of Engineers (India) - National Presi- India, International Society of
building projects.
dent during 2003 2004, Indian Build- Trenchless Technology, et al.

Dr. P. V. Amarnadha Prasad is a documents and tender administra- sumer Protection Act. Dr Prasad is
Graduate in two branches of engi- tion for engineering procurement the Chairman of Technical Arbitrators,
neering in civil and mechanical, has and construction contracts. Andhra Pradesh State Centre and
over two decades of professional Member of the Institute of Manage-
experience in engineering, legal and Dr Prasad is an approved legal expert ment Consultants of India, Indian Roads
arbitration matters pertaining to for various projects under National Congress, Indian Building Congress,
infrastructure projects. Dr Prasad is Highways Authority of India and other Indian Council of Arbitration, Indian
very active in the Techno-Legal pro- agencies. Has served as an Arbitrator Society of Construction Law. He is an
Dr. P V Amarnadha fession and has expertise in the in many cases and is appointed as active member of the Consulting Engi-
Prasad design of highway projects, project Court Commissioner by Andhra Pra- neers Association of India and is an
management, preparation of tender desh State Commission under Con- Indian faculty on construction contracts.

Mr. Uttam Sengupta graduated in across various industries, with par- ject risk assessment, contract review
Commerce and later on did his LLM ticular reference to infrastructure and drafting to ensure successful bid-
from the University of Bombay. After and construction industry in India ding activity.
graduation he joined Siemens Lim- and abroad, particularly, in GCC coun-
He is actively involved, in mentoring
ited as a "Commercial Trainee" and tries, where the contracts are pre-
management students from reputed
moved up in the organization in dif- dominantly structured upon the
management institutions in Interna-
ferent capacities and in different divi- FIDIC Conditions of Contract.
tional Business, lecturing and shar-
sions. During his long innings in
Mr. Uttam He specialises in Contract Manage- ing of knowledge at various corpo-
Siemens he handled commercial
Sengupta ment, evaluation of risk by reference rate forums and institutional bodies,
issues of various domestic and inter-
to contract provisions, monitoring and is on the Ad-hoc Board of Stud-
national projects in the field of power
and reviewing them so as to suggest ies in Management Courses
and it also extended to heading the
mitigation measures in the entire con- (Mumbai University) as Industry Rep-
project management team at the cor-
tract procedure, including basic risk resentative. He has actively partici-
porate level. In Siemens he was also
areas. He has also experience in rep- pated in International FIDIC confer-
deputed abroad and that gave him
resenting and defending dispute adju- ences in London, UAE and India. He
international exposure.
dication proceeding, in coordination is also an Indian faculty on Construc-
In 2004, Mr. Sengupta was invited by with reputed International Legal tion Contracts and Risks.
Voltas Limited (A TATA Enterprise) to Attorneys and Claim consultants. His
He is a Member of the Governing Coun-
head the "Risk Management" cell for international market knowledge and
cil of the Consulting Engineers Asso-
their International Operation Busi- contracting knowhow, assists in pro-
ciation of India and also the Co-Chair-
ness Group. He has rich experience, viding valuable and detailed advised
man of its Western Region Centre.
in handling contractual matters, advise in Tendering process, on pro-
PROGRAMME

DAY 1 DAY 2

Project Contracting Strategy* Financial Clauses and Procedures*


w Contracts Principle, Types, Law w Measurement and Evaluation w Variation and Adjustment
w Common Law Civil Law w Contract Price and Payment procedure and practice
w Project Contracting Strategy w Statement at completion w Final payment certificate
Introduction to the 1999 FIDIC documents* Case Studies & Special Topics-2 by Mr. O P Goel
(Construction Contract; Plant and Design-Build, Turn Key, Short Form
Contract) Risks, Force Majeure & Termination*

w Background and reasons for change


w Examination of format and content of General Conditions w Termination by Employer
w Examination of Guide to Particular Conditions w Suspension & Termination by Contractor
w Annex to documents w Risk allocation
w Selection of appropriate type of Contract w Force majeure
Contract start up* Claims *
w Appointments w Procedures w Claims procedures principles
w Programme w Guarantees w Insurance w Claims by the Employer w Claims by the Contractor
Responsibilities of Main Parties* Management of disputes and Avoiding disputes*
w General issues w Responsibilities of the Employer w Disputes Adjudication Board ; Dispute combined Boards
w The Engineer w The Contractor w DAB Agreement & Procedures
w Contractor's Representative w Amicable Settlement practical aspects
w Nominated Sub-Contractor w Alternative dispute resolution mechanisms
w Design and Employer Requirements w Arbitration
Management of Projects - Key Areas Workmanship and Time* Case Studies & Special Topics-3 by Mr. Uttam Sengupta
w Staff and Labour
w Plant, Materials and Workmanship
w Commencement, Delays and Suspension ADDRESS FOR CORRESPONDENCE
w Taking over of the works
w Tests and Defects Liability
CEAI Secretariat
CEAI Centre, OCF Plot No.2, Pocket 9,
w Defects during the Defect Liability Period Sector B, Vasant Kunj, New Delhi - 110070.
w Performance Certificate Tel: +91 11-26134644 | E-mail: ceai.ceai@gmail.com
Case Studies & Special Topics-1 by Dr. P V Amarnadha Prasad

Note: *Topics will be taken by Mr. Bogdan Oprea


REGISTRATION FORM

Two Days Training Course on


PRACTICAL USE, MANAGEMENT AND
ADMINISTRATION OF FIDIC CONDITIONS OF CONTRACT
4th & 5th August, 2014 7th & 8th August, 2014
PHD Chamber of Commerce and Industry Seminar Hall, 1st Floor, Pravin Gandhi College of Law,
PHD House, 4/2 Siri Institutional Area Mithibai College Campus, Bhaktivedanta Marg,
August Kranti Marg, New Delhi - 110016. Vile Parle (West), Mumbai - 400056.

Organised By Supported by

Consulting Engineers Association of India SVKM's Pravin Gandhi College of Law


Vile Parle [W], Mumbai - 400 056.

Name .................................................................................................. Designation ...........................................................................................

Organization ....................................................................................... Contact Address .....................................................................................

.................................................................................................................................................................................................................................

Ph ................................................................ Mob ................................................................... E-mail ...................................................................

Please register my name for the programme at ..............................................................................................................................................

Date: Signature of the Applicant

w Course Fee: ` 15,000/- per participant for Members and ` 20,000/- for Non-members + Service Tax at 12.36%.
w FIDIC MAs in TCDPAP/ ASPAC and SAARC countries USD 325 and other countries USD 450 inclusive of Service Tax.
w It is a Non Residential course.
w Certificate will be issued to those who attend the course.
w FIDIC 1999 Conditions of Contract (Red Book) may be purchased separately on payment of ` 3,200 per copy. For FIDIC publications
catalogue please contact CEAI Secretariat.
w Suitable reduction in fees would be considered if there are 5 or more participants from one organization.
w Cheque / DD should be drawn in favour of "Consulting Engineers Association of India” payable at Delhi.

PAYMENT CAN ALSO BE MADE BY BANK TRANSFER:

Beneficiary: Consulting Engineers Association of India | Name of Bank: Indian Overseas Bank
Address of Branch: Lok Kala Manch, Lodhi Road, New Delhi 110003. | IFS Code: IOBA0001498
Account No.: 149801000027261 Branch Code: 1498 | MICR Code: 110020046 | PAN: AAATC5274E

ADDRESS FOR CORRESPONDENCE:


CEAI Secretariat
CEAI Centre, OCF Plot No.2, Pocket 9, Sector B, Vasant Kunj, New Delhi - 110070. Tel: +91 11-26134644 | E-mail: ceai.ceai@gmail.com

INTERNATIONAL FEDERATION OF
CONSULTING ENGINEERS

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