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FIDIC Presents the 5th Official
FIDIC Africa
Contract Users’ Conference
The Essential Forum for
Engineering & Construction Law
Professionals to Successfully
Use the FIDIC Suite of Contracts,
Manage Major Projects and
Resolve Disputes
Main Conference: 5 & 6 November 2019
Pre-Conference Workshops: 4 November 2019
Post-Conference Workshops: 7 November 2019
Venue: Avani Victoria Falls Resort,
Livingstone, Zambia
25+ speakers, including:
Vincent Mwale Hiba Tahboub Yuzhang Xiong Aisha Nadar James Mwangi Bwalya Lumbwe Corine Orounla
MINISTRY OF THE WORLD BANK BEIJING FIDIC EXECUTIVE GAMA FIDIC NATIONAL MCA BÉNIN II
HOUSING AND CONSTRUCTION COMMITTEE LIST, ZAMBIA
INFRASTRUCTURE ENGINEERING GROUP
DEVELOPMENT
Supporting Partner Supporting Sponsors Workshop Sponsors Supporting Association
For the latest programme and to register please visit: https://law.knect365.com/fidic-africa-contracts
call: +44 (0) 20 3377 3279 or email: legal.registrations@KNect365.com
Main Conference: 5 & 6 November 2019
FIDIC Africa Pre-Conference Workshops: 4 November 2019
Contract Users’ Conference Post-Conference Workshops: 7 November 2019
Venue: Avani Victoria Falls Resort, Livingstone, Zambia
Day 1 - Main Conference - 5 November 2019
08:00 Opening Ceremony & Welcome from ACEZ
08:45 Registration & Coffee
09:00 Opening Remarks from GAMA and the Conference Chair
James Mwangi, President, GAMA
Aisha Nadar, Member, FIDIC BOARD Aisha Nadar James Mwangi
09:10 Keynote Speech - Ministerial Opening Address
Vincent Mwale, Minister of Housing and Infrastructure Development,
MINISTRY OF HOUSING AND INFRASTRUCTURE DEVELOPMENT Vincent Mwale
What the Contracts Committee is Currently Working on and Pipeline Including
09:35
Green Book Update
Siobhan Fahey, Member, FIDIC CONTRACTS COMMITTEE Siobhan Fahey
09:50
The 2017 FIDIC Contracts: Recap of the Most Important Changes and Brief
Discussion of Points Raised in Recently Published Articles and Commentary
The New FIDIC Suite of Contracts, officially launched in December 2017, has been received with great interest
by the global construction industry generating high levels of engagement and debate amongst users and
advisers alike. As Consulting Engineers, Employers, Contractors, and Construction Law professionals form a
view on the capabilities of the 2017 Suite, our panel of FIDIC experts and Contracts Committee members will
briefly remind delegates of the main changes introduced and the reasons why these were decided by FIDIC
to be necessary or an improvement, and proceed to briefly respond to some of the points raised in the many Aisha Nadar
articles and commentary on the new Suite, thus continuing the dialog started two years ago. This session will
help set the scene for the morning sessions addressing the way in which the new Suite of Contracts is being
received by the by the global industry.
Siobhan Fahey, Member, FIDIC CONTRACTS COMMITTEE
Aisha Nadar, Member, FIDIC BOARD Siobhan Fahey
10:30 Coffee Break
10:50
Comparative Advantages of FIDIC in Relation to Other Commonly Used Standard
Forms of Contract
The aim of this session is to offer delegates an indepth understanding of key comparative features between
FIDIC and other standard forms of contract. Our panel of experts will compare and contrast salient aspects of
the more commonly used forms of contract and examine which types of projects these may be ideally suited
to. Likely areas to be analysed include:
Contract administration (including discussion of Engineer’s role)
Cooperation / good faith
Early warning
Claims/time bars
Dispute resolution
Time/programme
Kumbwaeli Salewi, FIDIC Adjudicator, NATIONAL ADJUDICATORS OF TANZANIA Kumbwaeli Salewi
11:30 Regional & International Case Studies Review – Experiences from Users
This panel session assembles experienced FIDIC Contract Users from different regions and industry sectors
to share their experiences using the FIDIC Contracts as key project administration tools, often, in some of the Letlhogela Letts Radipata
most challenging operational environments. Delegates will benefit from listening to case studies on the FIDIC
Red and Yellow Book, as well as other books in the FIDIC Rainbow Suite, and will also have an opportunity to
pose any questions to the panellists. All case studies will be new to this conference.
Letlhogela Letts Radipata, Chief Roads Engineer, MINISTRY OF TRANSPORT AND COMMUNICATIONS, Macaire Agassounon
BOTSWANA
Macaire Agassounon, Procurement Director, MCA-BENIN II
James Mwangi, President, GAMA
James Mwangi
REGISTER TODAY: Tel: +44 (0)20 3377 3279 Email: legal.registrations@KNect365.com
For the latest programme or to register, please visit: https://law.knect365.com/fidic-africa-contracts
Main Conference: 5 & 6 November 2019
FIDIC Africa Pre-Conference Workshops: 4 November 2019
Contract Users’ Conference Post-Conference Workshops: 7 November 2019
Venue: Avani Victoria Falls Resort, Livingstone, Zambia
12:30 A Chinese Contractor’s & Consulting Engineer’s Perspectives on the Use of FIDIC in
the African Market
This panel will look at challenges and solutions in the African market where Chinese contractors dominate the
construction business which requires Employers to understand differences in culture, legal experiences and
daily practice. In this environment Contractor & Consulting Engineers are used to negotiate and agree on claims
and Variations and are likely to find FIDIC requirements on contract administration pertaining to claims and
Variations too burdensome and sometimes inappropriate. Procurement law is likely to impose constraints on
the Engineer to instruct Variations. This session provide an understanding on how to achieve reliable and robust
results which are auditable and defendable using FIDIC forms effectively in order to help the Engineer to remain
compliant while enabling the Employer to allow continuous just in time cashflow to Contractors if change
makes the execution of the Works more burdensome. The session includes:
Awareness on differences and challenges based on culture, legal experiences, and other aspects
Chinese views vs. legalistic views Yuzhang Xiong
Advantages of using FIDIC correctly
Legal requirements regarding audits
Case study and experiences
Yuzhang Xiong, Deputy General Manager, BEIJING CONSTRUCTION ENGINEERING GROUP (BCEG)
Dr Sebastian Hök, Adjudicator, FIDIC PRESIDENT’S LIST Dr Sebastian Hök
12:50 Lunch
13:50 Effective Claims Management Under FIDIC – Avoiding, Containing and Handling
Claims
This session will discuss ways to try to avoid claims arising in the first place, and if they do arise, how best to
present claims under the FIDIC form, using the tools the FIDIC contract gives you and how best to prevent claims
from becoming disputes. In particular, it will consider:
The potential for claims under the 2017 FIDIC forms
The requirements of a Notice of Claim
Deeming provisions and time bar issues
Determination of claims
Claim management/dispute avoidance
Rob Wilson, Partner, CMS Rob Wilson
14:30
Ask the FIDIC Experts Q&A Session
Our annual “Ask the FIDIC Experts Q&A” session has become one of our most popular perennials with contract
users from across the region. Put simply, the FIDIC Contract Users’ conference is your conference and this
is therefore your opportunity to put your questions directly to acclaimed FIDIC experts and advisers to the
Contracts Committee for cutting edge and authoritative advice on any aspect of FIDIC. Our experts will try to
address as many of your questions as possible during the two days of the event and these can be submitted to
the 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 our
experts at the event having given it careful consideration in the run-up to the event
14:50 Best Practice in FIDIC Contract Preparation & Implementation
Many issues can lead to either project success or project failure. Strategic choices at procurement level, in the
early days, are key, and the implication of those choices is not always fully appraised. This session will address
how the selection of forms of contract, tender procedures and the preparation of tender documentation should
fit the project objectives, budget, Employer’s resources and risk allocation sought – and how the FIDIC Suite of
Contracts and Procurement Procedures Guide provides guidance and answers for a wide range of needs.
Key drivers at procurement stage, and reflections in tender documentation & procedure
Key issues for selection of the appropriate procurement method and form of contract – scope definition,
time, cost and quality
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 Victoria Peckett
REGISTER TODAY: Tel: +44 (0)20 3377 3279 Email: legal.registrations@KNect365.com
For the latest programme or to register, please visit: https://law.knect365.com/fidic-africa-contracts
Main Conference: 5 & 6 November 2019
FIDIC Africa Pre-Conference Workshops: 4 November 2019
Contract Users’ Conference Post-Conference Workshops: 7 November 2019
Venue: Avani Victoria Falls Resort, Livingstone, Zambia
15:20 Afternoon Refreshments
15:40 Latest Guidance on FIDIC Golden Principles
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 essential
characteristics of FIDIC’s General Conditions that should not be amended if it is to be recognised as a FIDIC
Contract. The presenters are members of Task Group 15 on Golden Principles, whose remit is to determine the
limits of acceptable modification of Clauses in the Particular Conditions, so as the resultant contract can still
be recognised as a FIDIC Contract, which, in turn, will ensure that the Employers, Contractors and the public are
not misled about what is and what isn’t a FIDIC Contract. The FIDIC Golden Principles are applicable to both the
FIDIC 1999 Suite, and the 2017 Second Editions. Case studies on critical Do’s and Don’ts will be provided in the
content 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 15 Husni Madi
16:25 Looking 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 this
time, much has evolved in procurement and project delivery. The World Bank, along with other IFIs, has under Frank Mvula
gone extensive procurement reforms aimed at better achieving value for money. Defining the way forward, so
that procurement can be used as a strategic tool in achieving core objectives of recipient countries, as well as
financial 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 Effective Hiba Tahboub
Development strategy
Identify key ingredients of the procurement process from the MDB perspective
Analyse FIDIC’s role before, during and after the contracting process Corine Orounla Tchokponhoue
Frank Mvula, Director; Fiduciary and Inspection Department (SNFI), AFRICAN DEVELOPMENT BANK
Hiba Tahboub, Governance Practice Manager, THE WORLD BANK
Corine Orounla Tchokponhoue, Legal Director, MCA BÉNIN II
Aisha Nadar, Member, FIDIC BOARD Aisha Nadar
17:05 Ask the FIDIC Experts Q&A Session
Our annual “Ask the FIDIC Experts Q&A” session has become one of our most popular perennials with contract
users from across the region. Put simply, the FIDIC Contract Users’ conference is your conference and this
is therefore your opportunity to put your questions directly to acclaimed FIDIC experts and advisers to the
Contracts Committee for cutting edge and authoritative advice on any aspect of FIDIC. Our experts will try to
address as many of your questions as possible during the two days of the event and these can be submitted to
the 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 our
experts at the event having given it careful consideration in the run-up to the event
17:25 Chair’s Closing Remarks
17:30 Drinks Reception
NEW! FIDIC CONTRACTS AWARDS 2019
The new FIDIC Contracts Awards will recognize excellence in the use of FIDIC contract
forms for project delivery at a global level. Put your in-house team, or client, forward to
receive the recognition they deserve for good practice in a project in Africa at this year’s
Gala Dinner taking place at the FIDIC International Contract Users’ Conference in London
Submit 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.com
For the latest programme or to register, please visit: https://law.knect365.com/fidic-africa-contracts
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