to the brochure for this seminar

A 2 Day Workshop on the FIDIC Contract Documents
Validated for 2 CPD Points CESA-506-04 / 2017
Head of Construction Litigation department at Bowman
Gilfillan comments: “I rate the BCA courses above all
others in SA”
“Overall excellent presentation” NM Bombela Concession
July 2014
“Improved insight into the content of the FIDIC contract &
it’s application” LR Feb 2014
“The facilitator was fantastic and had a wealth of knowledge
and experience with many practical examples of various
DAB, Arbitrations & court cases with regards to FIDIC
contracts & general law.” - June 2013.
“Well presented course with excellent notes and
knowledgeable presenter” SP UWP Consulting Oct 2014
“I would certainly do the course again after some practical
exposure to the documentation. I found the practical
examples and Chris’s Knowledge and experience very useful
and insightful” – October 2013
Registration Process
Please complete a
Regional Registration
Form found under the
bca training tag at:
+27 11 888 6141
+27 11 888 1068
“Very well presented. The facilitator’s experience in the
field translated well into practical discussions” - October
“Amazing presentation, excellent knowledge. Definitely an
expert who can be approached at a later stage”. - October
2 day FIDIC Workshop – CESA 506-04/2017
Each project that is conducted under the FIDIC
Contract gives rise to new issues and applications as
the work has been completed under the new
contracts. This workshop, now conducted annually,
will serve both as a refresher and update for those
who attended the course in the last few years, and as
new exposure for those who did not.
Some of the issues to be covered
Pre-award issues including
 Choosing the correct FIDIC contract for the
project: type of project, design responsibility,
basis of payment
 Pre-qualification of tenderers under the
FIDIC contracts
 Preparing
including instructions to tenderers
 Effective management of the tendering
 Information required by tenderers under the
different FIDIC contracts
After award and before work commences
 Risk and liability under the FIDIC contracts
 Insurance issues
 Guarantees and security
 Design issues
During progress of works
 Extensions of time
 Claims for variations
 Value engineering
Taking over and completion
 Defects liability
 Procedures for taking over of the works
under FIDIC contracts
 Dispute resolution
The role of the engineer under the
various FIDIC contracts including:
 Engineer’s liability for design
 Engineer’s liability for workmanship
 Supervision and certification by the
Those who have attended in previous seminars have
found it interesting, valuable, interactive & of an
excellent standard.
The content of the workshop will be based on recent
developments in the industry and in the development
of contracts in general and the FIDIC contracts in
An in-depth analysis of the contracts and their
practical implications;
Practical, case study based: The course is based on
recent experiences with the old and new FIDIC
Presented by presenters of the highest standing, who
have had on going experience with the FIDIC
Workshop Content:
This workshop will trace the contractual process from
pre-tender stage to taking over, where the FIDIC
contracts are used.
We will not only consider the FIDIC general
conditions of contract but will also discuss pre-award
FIDIC Contract Document & Course
Delegates will therefore gain an in-depth
understanding of the entire process of contracting
under FIDIC, from the initiation of the project to its
completion and taking over.
A comprehensive set of Workshop notes will be issued
at the Workshop:
Checklists of documents required, time charts and
other tools of contracting will be provided for the
various stages discussed
Example forms of documents which may be relied on
in future;
Time charts;
Tables showing key time periods, clauses and
differences for the various contracts;
All case studies and practical exercises
Clauses relied on in the notes
Detailed notes for future reference
2 day FIDIC Workshop – CESA 506-04/2017
Chris was born in
England, and began
his working career in
the Merchant Navy
apprenticeship as a
Marine Engineer. He
was later promoted to
Second Engineer Officer on supertankers. He
resigned from the Merchant Navy in order to
attend the University of Wales, where he attained
a Bachelor of Science Degree with First Class
Honours in Mechanical Engineering. In 1973 he
immigrated to South Africa and in 1982 obtained
a Masters Degree in Business Leadership from
Chris has worked in a variety of contexts and
locations, including Iscor Vanderbijlpark as Head
of the Lubrication Department; Mhlume Sugar Mill
in Swaziland as Assistant Chief Engineer; and
Coastal Offshore Holdings in Cape Town as
Project Engineer where he was involved in the
construction of vessels; various marine salvage
operations; the design and project responsibility
for both single and conventional buoy moorings;
and the preparation of tenders for a variety of
Since 1983 Chris has been consulting in the field
of contractual disputes arising out of engineering
and construction contracts, acting on behalf of
clients in promoting or defending their claims
through negotiations, mediation or arbitration. He
entered into partnership with Bill Copeland in
1985 and has continued to impress with his
knowledge and ability to reconcile construction
contract problems.
Chris is a registered Professional Engineer and
from 1997 until 2010 served as Chairman of the
Association of Arbitrators of Southern Africa and
is an Honorary Life fellow of that Association. He
is a Fellow of the Institution of Mechanical
Engineers and, for four years, served as 
Chairman of the Disciplinary Committee of the
Engineering Council of South Africa. He regularly
contributes articles to construction journals and 
is an accomplished lecturer on commercial and
contractual topics. He is a member of the Point
Yacht Club and an avid fly fisherman.
Shoba is an attorney at
Chiba Attorneys. Her area of
expertise focuses on
construction and
engineering law. Shoba
completed her Bachelor of
Arts degree (majoring in law and sociology) at the
University of the Witwatersrand and thereafter graduated
cum laude from the WITS School of Law. She completed
her articles at Bowman Gilfillan Inc. and was
subsequently admitted as an attorney of the High Court
of South Africa in 2007. She practiced in the
Construction and Engineering practice area at Bowman
Gilfillan for four years post articles. Thereafter she joined
Aveng Grinaker-LTA, as a commercial and legal advisor,
reporting to the Group Legal Manager.
Her experience includes:Drafting and reviewing of
general commercial contracts and general legal
documents, including:
lease agreements,
suretyship agreements,
agency agreements,
loan agreements,
Memorandums of Understandings,
joint venture and consortium agreements,
supply agreements,
service level agreements,
transport agreements,
enterprise development agreements, and
Non-disclosure agreements.
Advising clients on various aspects of construction lawrelated queries, including advice on be-spoke and
standard form contracts (FIDIC, JBCC and GCC).
Commenting on Particular Conditions, guarantees, and
tender data for specific projects, including advising on
associated risk.
Collating tender submissions and ensuring bid
compliance based on tender specific requirements.
Advising on settlement agreements pertaining to claim
disputes between employer and contractor.
Assisted in the drafting of tender documentation for a
key state owned entity (Eskom), with regards to its New
Build Projects
Advising on legislative compliance specific to State
Owned Enterprises. Regular consultation with clients on
tender and contract-related clarifications, as raised by
potential tenderers.
2 day FIDIC Workshop – CESA 506-04/2017
Once you have completed this
workshop you should have greater
practical understanding of:
 Clauses which raise difficulties in practice;
 Clauses where the drafting could create uncertainty;
 Clauses which require particular attention if disputes
are to be avoided.
An understanding of their rights and obligations
under the FIDIC contracts, and the consequences
of not fulfilling or upholding these;
Insight into how claims are brought, managed and
defended under the FIDIC contracts;
The ability to identify clauses which may raise
problems in practice;
An understanding of how to avoid these problems
through sound contracting practices;
An awareness of some ambiguities or uncertainty
in the FIDIC contracts; and
The tools to overcome some of these uncertainties.
In particular, you should have:
A greater ability to evaluate the risk allocation of
your (FIDIC) contract;
Learning Objectives:
This 2-day workshop provides comprehensive insight
into the contracts in the FIDIC family. Delegates gain
insight into their rights and duties under these contracts,
as well as an understanding of how these rights and
duties operate in practice. The two day workshop
provides greater breadth and depth of understanding
with more tools for practical application than the one day
The general objectives of this workshop are
to give delegates:
An understanding of what the FIDIC contracts are
and how they fit in the Southern African contracting
An overview of all the contracts in the FIDIC family;
An understanding of the structure, overall
approach to risk and language used in the FIDIC
This is to acknowledge that
BCA Training (Pty) Ltd
An understanding of your rights and obligations,
as employer, contractor or Engineer under these
Were accredited for
Continuing Professional Development
For the following course
Tools required to recognize when you have a
claim and how to bring it;
FIDIC Contract Workshop
Tools required to defend a claim;
Improved ability to evaluate, agree and resolve
An understanding of the stages of completion and
tests which take place at each stage;
An understanding of guarantees and retention
money under the FIDIC contracts;
Knowledge of how FIDIC deals with termination and
suspension and an understanding of the risks which
termination and suspension bring;
 An understanding of the dispute resolution and the
tools required to properly bring, defend and avoid
Validation Period: 04/2014 –04/2017
Qualified for
2Continuing Professional Development Credits (CPD)
Manager: School of Consulting Engineering
Signed on : 12 May 2014
2 day FIDIC Workshop – CESA 506-04/2017