FIDIC Africa Contract Users' Conference

FIDIC AfricaContract Users’ Conference15:20Afternoon Refreshments15:40Latest Guidance on FIDIC Golden PrinciplesMain Conference: 5 & 6 November 2019Pre-Conference Workshops: 4 November 2019Post-Conference Workshops: 7 November 2019Venue: Avani Victoria Falls Resort, Livingstone, Zambia This session will offer an exclusive insight into the newly published First Edition of The FIDIC Golden Principles.The long-awaited FIDIC Golden Principles outline the essence of a FIDIC Contract and articulate those essentialcharacteristics of FIDIC’s General Conditions that should not be amended if it is to be recognised as a FIDICContract. The presenters are members of Task Group 15 on Golden Principles, whose remit is to determine thelimits of acceptable modification of Clauses in the Particular Conditions, so as the resultant contract can stillbe recognised as a FIDIC Contract, which, in turn, will ensure that the Employers, Contractors and the public arenot misled about what is and what isn’t a FIDIC Contract. The FIDIC Golden Principles are applicable to both theFIDIC 1999 Suite, and the 2017 Second Editions. Case studies on critical Do’s and Don’ts will be provided in thecontent of this session. Background to the need for TG15 Reasons for particular conditions which infringe on the Golden Principles The rationale behind the Golden Principles A walk through the Golden Principles Examples of breach of The Golden Principles Husni Madi, FIDIC Accredited Trainer; CEO, Shura Construction Management; Member, FIDIC TASK GROUP 1516:25Looking at the Relationship Between FIDIC and the MDBs The FIDIC Pink book has been included in the IFI Standard Bidding Documents for almost 15 years. During thistime, much has evolved in procurement and project delivery. The World Bank, along with other IFIs, has undergone extensive procurement reforms aimed at better achieving value for money. Defining the way forward, sothat procurement can be used as a strategic tool in achieving core objectives of recipient countries, as well asfinancial institutions, considering key issues such as sustainability, integrity, and capacity building, is critical.This session will: Provide an outline of the Bank’s Procurement Reforms, including key features in the revised EffectiveDevelopment strategy Frank MvulaHiba TahboubIdentify key ingredients of the procurement process from the MDB perspective Analyse FIDIC’s role before, during and after the contracting processFrank Mvula, Director; Fiduciary and Inspection Department (SNFI), AFRICAN DEVELOPMENT BANKHiba Tahboub, Governance Practice Manager, THE WORLD BANKCorine Orounla Tchokponhoue, Legal Director, MCA BÉNIN IIAisha Nadar, Member, FIDIC BOARD17:05Husni MadiCorine Orounla TchokponhoueAisha NadarAsk the FIDIC Experts Q&A Session Our annual “Ask the FIDIC Experts Q&A” session has become one of our most popular perennials with contractusers from across the region. Put simply, the FIDIC Contract Users’ conference is your conference and thisis therefore your opportunity to put your questions directly to acclaimed FIDIC experts and advisers to theContracts Committee for cutting edge and authoritative advice on any aspect of FIDIC. Our experts will try toaddress as many of your questions as possible during the two days of the event and these can be submitted tothe experts panel in a number of ways. You can: Ask for the microphone and put your questions live to our panel on stage Submit a question through our at-event app, Slido, and have this answered in real time Tweet us your question using the hashtag #FIDICQ&A Email a complex question in advance to michele.costa@informa.com so this can be addressed by ourexperts at the event having given it careful consideration in the run-up to the event17:25Chair’s Closing Remarks17:30Drinks ReceptionNEW! FIDIC CONTRACTS AWARDS 2019The new FIDIC Contracts Awards will recognize excellence in the use of FIDIC contractforms for project delivery at a global level. Put your in-house team, or client, forward toreceive the recognition they deserve for good practice in a project in Africa at this year’sGala Dinner taking place at the FIDIC International Contract Users’ Conference in LondonSubmit your entry by 21st October 2019 and be recognised with a FIDIC Award.Contact Ayo.Fagbohun@informa.com for more information.REGISTER TODAY: Tel: 44 (0)20 3377 3279 Email: legal.registrations@KNect365.comFor the latest programme or to register, please visit: https://law.knect365.com/fidic-africa-contracts

FIDIC AfricaContract Users’ ConferenceMain Conference: 5 & 6 November 2019Pre-Conference Workshops: 4 November 2019Post-Conference Workshops: 7 November 2019Venue: Avani Victoria Falls Resort, Livingstone, ZambiaDay 2 - Main Conference - 6 November 201908:00 BREAKFASTBRIEFING - The New Guidance Notes to the 2017 FIDIC Suite ofContracts – All You Need to Know on How to Navigate Key Changes08:45Registration & Coffee08:55Chair’s Opening Remarks for Day TwoSiobhan Fahey, Member, FIDIC CONTRACTS COMMITTEESiobhan Fahey09:00 Getting to Know the Emerald Book, the New Form of Contract for Underground Works The Emerald Book is the new Form of Contract for Underground Works, designed by the Contractor. A joint endeavourof FIDIC and the International Tunnelling and Underground Space Association ITA-AITES, it aims at a balancedallocation of subsurface risks in order to contain project costs and to improve costs stability, for the benefit of theunderground industry. Some of the main features of the Emerald Book are the Geotechnical Baseline Report GBR, therole of the Engineer, the remeasurement sub-clauses and the adjustment of Time for Completion. With respect to theother FIDIC Forms of Contract, the Emerald includes an extensive Guidance for the Preparation of Tender Documentsby the Employer, a centre pin of any good contract. A brief Introduction to the Emerald Book Allocation of risk related to Sub-Surface Conditions in the Emerald Book Adjustment of Time for Completion, a fundamental concept of the Emerald Book The role of the Engineer in the Emerald Book James Maclure, Chair, FIDIC ITA-TASK GROUP 1009:40Effectively Using the White Book and FIDIC Suite of Agreements in AfricaJames Maclure The Suite of Agreements (2017) including the FIDIC Client Consultancy Agreement [the White Book], the FIDIC Subconsultancy Agreement (2nd Edition 2017) and the FIDIC Joint Venture Agreement (2nd Edition 2017) is the updatedsuite of forms which FIDIC has launched for the benefit of the industry. This suite of agreements is aimed at providinga robust and trustful basis for the services of consultant engineers to clients. Some of the main features of the WhiteBook are the wide range of services for which it is suitable, the perfect linkage of the services of consultants andthe requirements under the FIDIC Red and Yellow Book, and the clear wording on liabilities & insurance. The role ofthe Engineer, which has been strengthened under the 2nd Edition of the FIDIC Rainbow (2017) (for instance to actneutrally) is appropriately reflected. Consultants will find a more balanced allocation of risk and clarifications as toits duties. The Sub-consultancy Agreement helps to safely sub-contract services to sub-consultants and the newJoint Venture Agreement provides a robust approach to capacity building and cooperation between international anddomestic consultants. A brief Introduction to the White Book, the Subconsultancy Agreement and the Joint Venture Agreement Using the suite of agreements to improve design and contract administration services under FIDIC constructioncontracts The role of the Engineer as reflected in the White Book Risk allocation and claims under the Suite of AgreementsDr Sebastian HökDr Sebastian Hök, Adjudicator, FIDIC PRESIDENT’S LISTRob Morson, Partner, PINSENT MASONS10:25Coffee Break10:45 Approaches to Risk Under FIDIC Forms of Contract Rob MorsonRichard Hill, Partner, WHITE & CASEMatthew Richards, Partner, WHITE & CASERichard HillMatthew Richards11:25 ContractAdministration and Dispute Avoidance from an International Contractor’s &Consulting Engineer’s Perspective This panel session will assemble seasoned Contractors, consulting engineers and in-house contractspecialists from large infrastructure and engineering firms involved in real-world implementation of FIDICForms of contract. The panel will be discussing critical areas of contract administration including optimisationopportunities and common pitfalls to avoid, as well as the latest trends in dispute management and avoidance.Joseph Ghafari, Contracts and Claims Manager, CHINA COMMUNICATIONS CONSTRUCTION CO.Joseph GhafariREGISTER TODAY: Tel: 44 (0)20 3377 3279 Email: legal.registrations@KNect365.comFor the latest programme or to register, please visit: https://law.knect365.com/fidic-africa-contracts

FIDIC AfricaContract Users’ Conference12:25Main Conference: 5 & 6 November 2019Pre-Conference Workshops: 4 November 2019Post-Conference Workshops: 7 November 2019Venue: Avani Victoria Falls Resort, Livingstone, ZambiaAsk the FIDIC Experts Q&A Session Our annual “Ask the FIDIC Experts Q&A” session has become one of our most popular perennials with contractusers from across the region. Put simply, the FIDIC Contract Users’ conference is your conference and this istherefore your opportunity to put your questions directly to acclaimed FIDIC experts and advisers to the ContractsCommittee for cutting edge and authoritative advice on any aspect of FIDIC. Our experts will try to address as manyof your questions as possible during the two days of the event and these can be submitted to the experts panel in anumber of ways. You can: Ask for the microphone and put your questions live to our panel on stage Submit a question through our at-event app, Slido, and have this answered in real time Tweet us your question using the hashtag #FIDICQ&A Email a complex question in advance to michele.costa@informa.com so this can be addressed by our expertsat the event having given it careful consideration in the run-up to the event12:50Lunch13:50Time Bar Provisions Under FIDIC ime bar provisions are a fundamental tenet of the claim mechanisms under the FIDIC suite of contracts. TheTrecent changes introduced in the 2017 suite of contracts provides a great opportunity to revisit the subject, andwe will explore the purpose behind such provisions, the consequences of failing to comply and how they maybe interpreted and applied differently in common law and civil law jurisdictions. Purpose of the mechanism for administering and processing claims Changes between the 1999 and 2017 FIDIC suites How different requirements apply to different types of claim Common law approach to time bar provisions Civil law approach to time bar provisionsRob Wilkins, Partner, PINSENT MASONS14:35Rob WilkinsDAABs Role Under FIDIC Conditions - Current Practices and The New Rules Along with the ongoing review and update of the FIDIC Yellow Book, Red Book and Silver Book, FIDIC arereviewing and updating their dispute adjudication rules with a view to reflect current best practice for disputeboards. The main changes and improvements introduced will be explained and discussed during this session.These will include, among others, the reformulation of the current 20 clauses of the FIDIC contracts, with a newClause 21 dedicated to dispute avoidance and resolution. The way forward under FIDIC 2017 based on African experiences under FIDIC 1999 The African experiences The African challenges Using site visits appropriately and achieving value for moneyKevin Spence, Independent Consultant; Nationally Approved FIDIC Trainer, FIDIC PRESIDENT’S LISTBwalya Lumbwe, Adjudicator, FIDIC NATIONAL LIST, ZAMBIA15:25Coffee Break15:40Arbitration & Alternative Dispute ResolutionKevin SpenceBwalya Lumbwe This session considers the phenomenon of construction disputes; what they are, how they occur and crucially,how they can be minimized and resolved with the greatest efficiency. Specifically, attention is focused on the FIDICcontractual provisions and their optimum operation. The aim is to equip the representatives and advisors of the Partiesand the Engineer to make good choices in moving towards swift, cost effective resolution. Panellists will examine: What constitutes a ‘dispute’?How do construction disputes occur?The FIDIC Amicable Settlement provisionsAlternative dispute resolution techniquesInternational arbitration under FIDIC - looking forward Henry Musonda, Dispute Adjudicator, FIDIC’s President’s list, FORUM FOR INTERNATIONAL CONCILIATION &ARBITRATION (FICA)16:40Henry MusondaWorking Groups Session – Identifying & Addressing FIDIC Challenges in Africa Led by our expert panel of facilitators, this session allows delegates to come together in a relaxed roundtableenvironment to identify and discuss region specific challenges with reference to the application of particular FIDICprinciples and clauses. This entirely interactive session will allow you to deliberate with your peers on some ofthe key challenges facing the construction & engineering industry in Africa and then make recommendations tothe FIDIC Contracts Committee on potential solutions to overcome those challenges. Some of the topics underdiscussion will include: DAABs, Time Bars, Issues for Contractors, and much more besides1745Chair’s Closing Remarks & End of Main ConferenceREGISTER TODAY: Tel: 44 (0)20 3377 3279 Email: legal.registrations@KNect365.comFor the latest programme or to register, please visit: https://law.knect365.com/fidic-africa-contracts

Main Conference: 5 & 6 November 2019Pre-Conference Workshops: 4 November 2019Post-Conference Workshops: 7 November 2019Venue: Avani Victoria Falls Resort, Livingstone, ZambiaFIDIC AfricaContract Users’ ConferencePre-Conference Workshops - Monday, 4 November 2019Workshop A:(08:30 Registration, 09:00 - 17:30 Workshop)Introduction to the 2017 FIDIC Suite of ContractsIdeal as a refresher course for experienced FIDIC users or as an introductory session for those just getting acquainted with thepotential of the suite. Attend this workshop to acquire essential knowledge of the main forms of contract comprised in the “rainbow”suite of FIDIC contracts.Morning Overview:Although FIDIC was established in 1913, the Red Book was first published in August 1957. It proved to be very successful andremarkably remained largely unchanged throughout its second edition in 1967 and third edition in 1977. In its fourth edition of 1987,extensive changes were made and in particular to the role of the Engineer and dispute resolution. Further wide-ranging and elaboratechanges were then made in the 1999 Suite of Contracts. In order to fully understand the issues involved and the interpretation ofthe various provisions of the FIDIC Forms, it is important to know the evolution of the essential concepts of this successful form ofcontract. This workshop will take you through the development of some of the essential features of the Forms from 1957 to today,with a particular focus on the following four particular areas: Increase in the use of definitions The role of the Engineer Risk allocation and administration Dispute managementMorning PresenterAisha Nadar, Member, FIDIC BOARDAisha NadarAfternoon Overview:The afternoon session will analyse more of the noteworthy changes incorporated into the FIDIC Red, Yellow and Silver Books 2017,covering the following areas: Notices Employer’s Requirements and design review Employer’s financial arrangements Subcontractors and nominated subcontractors Defects Contractor’s programme and extension of time Completion and taking-over Suspension and terminationAfternoon PresenterSiobhan Fahey, Member, FIDIC CONTRACTS COMMITTEE*Lunch will be one hour and taken at an appropriate time during the day. Morning and afternoon refreshments will also be served*Siobhan FaheyWorkshop B:(08:30 Registration, 09:00 - 17:30 Workshop)Contractors’ Workshop: Strategies for Efficient and Successful On-siteContract Management Under FIDICOne of the main challenges for international contractors operating in today’s complex contractual environment is the increasinglyprescriptive nature of conditions of contract that Contractors, Sub-Contractors and on-site teams need to observe. The introductionof the FIDIC 2017 Suite renders this even more obvious, with Contractors required to be a lot more ‘Contract-savvy’ than in thecontext of the FIDIC 1999 Suite. Strict compliance with the terms and conditions of the Contract and related processes andprocedures are required in order to avoid the loss of entitlements, to ensure contractual opportunities are secured and that claimsare submitted in a timely manner. How will the requirements and obligations of the FIDIC 2017 Suite play out in the real world forContractors and their teams? This session has been specifically conceptualised for Contractors looking to gain a much-needed edgeand in-depth practical knowledge of efficient strategies for on-site contract and team management, as well as what may be usefulto take into consideration when operating in an international environment. Guided by a team of experienced international contractmanagers and FIDIC experts with hands-on practical experience in contract management, Contractors will be given an insight intokey areas of effective on-site contract and claim management.Morning Coverage Includes:Part I – Understanding the Changing Role of the ContractorPart II – What does an Effective On-Site Contract Management Strategy look likeAfternoon Coverage Includes:Part III – Regional Pitfalls to Look-Out for and How to Overcome Common ChallengesPart IV – AchievablesDr Sebastian HökHusni Madi, FIDIC Accredited Trainer; CEO, Shura Construction Management; Member, FIDIC TASK GROUP 15Dr Sebastian Hök, Adjudicator, FIDIC PRESIDENT’S LIST*Lunch will be one hour and taken at an appropriate time during the day. Morning and afternoon refreshments will also be served*Husni MadiREGISTER TODAY: Tel: 44 (0)20 3377 3279 Email: legal.registrations@KNect365.comFor the latest programme or to register, please visit: https://law.knect365.com/fidic-africa-contracts

Main Conference: 5 & 6 November 2019Pre-Conference Workshops: 4 November 2019Post-Conference Workshops: 7 November 2019Venue: Avani Victoria Falls Resort, Livingstone, ZambiaFIDIC AfricaContract Users’ ConferencePost-Conference Workshops - Thursday, 7 November 2019Workshop C:Construction Claims & Defence(09:30 - 13:00 Workshop)When making or defending construction claims, parties to a construction contract will likely not back down and agree to resolutionuntil claims and defences are properly made and considered. Based on case studies and real world examples, this workshop will helpparticipants avoid such impasses by explaining how to: Properly prepare variation, defect, delay, acceleration and disruption claims Appropriately defend against such claims raised by the other party Successfully pursue claims before engineers, dispute boards and arbitral tribunalsKirk Durrant, Managing Partner (Qatar), DWFKirk DurrantGabrielaPalacios-FluskGabriela Palacios-Flusk, Director, HKA13:00 - 14:00 LunchWorkshop D:Construction Claims & Defence(14:00 - 17:30 Workshop)This interactive workshop is designed to focus on the key issues commonly faced by owners and contractors who are involved inmajor development, infrastructure and other projects in Africa and who wish to employ sound strategies for avoiding, managing andresolving disputes in an effective manner. Particular areas of focus include the commercial setting for development, claims strategyand DAAB and ADR options, arbitration and investment treaty protection for major projects. The pros and cons of each stage of FIDIC’s dispute escalation processes Whether dispute adjudication boards are appropriate for all contracts? Amicable settlement discussions – the benefit of mediation? Arbitration under the ICC rulesRob Wilkins, Partner, PINSENT MASONSRob WilkinsChloé De JagerChloé De Jager, Associate, PINSENT MASONSMeet our 2019 PartnersWhite & Case is a leading global law firm with lawyers in 41 offices across 30 countries.The White& Case Construction & Engineering group assists clients around the world on all their constructionrelated needs, from drafting of tender and project documentation to the resolution of disputes whichmay arise from or in relation to a construction project.CMS has more than 4,500 lawyers in 69 offices around the world, including in Asia, Africa and theMiddle East, and frequently operates in those countries where we have no permanent base. Weare recognised as market leaders and top-ranked by independent directories for our expertise inConstruction (Intern

FIDIC best practice: using appropriate FIDIC Conditions of Contract Particular conditions development - risk allocation and how it should be tackled Moving from an adversarial approach towards full project ownership with clear delineations Victoria Peckett, Partner, Co-Head of Construction, CMS FIDIC Africa Contract Users' Conference