Use the right tool for the right job in the right way!

Use FIDIC contracts!

Day 1 – Morning March 6th

1999 AND 2017 EDITIONS – WHAT WORKS BEST FOR YOU? LESSONS LEARNT AND THE WAY FORWARD. 08:30 – 09:00 Registration and coffee

09:00 – 09:30

Welcome address by:

His Honourable Zurab Alavidze Minister, Ministry of Regional Development and Infrastructure, Georgia

Gavin English, FIDIC Executive Committee, United Kingdom His Excellency Mr. Janos Herman, Ambassador of the European Union to

Georgia Kevin Rudden, European Federation of Engineering Consultancy Associations

(EFCA), President, Belgium Daduna Kokhreidze, Association of Consulting Engineers of Georgia (ACEG) –

President, Georgia

CHAIR OF DAY 1 - LEO GRUTTERS, Author of FIDIC 2017 forms of contracts (Red, Yellow, Silver) and Adjudicator on FIDIC President’s List, Germany

09:30 – 11:00

Contract Administration. Why? To ensure construction conforms to construction documents; to support the design intent; to lessen project risks, to identify and resolve construction problems early, to supplement the owner /employer’s construction knowledge. MODERATOR – LEO GRUTTERS, Author of FIDIC 2017 forms of contracts (Red, Yellow, Silver) and Adjudicator on FIDIC President’s List, Germany

Employer’s perspective Bilal Ruhi Al-Sharif, Water Authority, Project Management Unit, Jordan

Contractor’s perspective Dr. Rafal Morek, FIDIC, TG 15 member and K&L Gates, partner, Poland

the perspective of the Engineer in a FIDIC contract Giorgi Ioseliani, CMC LLC, Georgia

Project Manager and Adjudicator’s perspective Leo Grutters, Author of FIDIC 2017 forms of contracts (Red, Yellow, Silver) and Adjudicator on FIDIC President’s List, Germany

Q&A

11:00 – 11:30 Coffee break

11:30 – 13:00

Contract Administration. How? Good communications (both reporting and facilitating communication); clear and comprehensive record keeping (inclusive of documentation changing-amendments, instructions) and reporting; timely replies to requests for information, various submittals and certification for payment; focus on quality construction through the contract requirements during completion. MODERATOR – BRIAN BARR, Adjudicator on FIDIC President’s List, United Kingdom

Employer’s perspective Nugzar Gasviani, Roads Department - Ministry of Regional Development and Infrastructure, Deputy Chairman, Georgia

Contractor’s perspective Volodymyr Yaremko, Sayenko Kharenko, Senior Associate, Ukraine

the perspective of the Engineer in a FIDIC contract Giorgiana Tecuci, Friendly Reviewer of FIDIC 2017 forms of contracts (Yellow) and SCPA Tecuci Paltineanu, partner, Romania

the perspective of the Engineer and Adjudicator’s perspective in a FIDIC contract Brian Barr, Adjudicator on FIDIC President’s List, United Kingdom

Q&A

13:00 – 14:00 Lunch break

14:00 – 15:30

Role of the Engineer The role of the Engineer is to administer the Contract. 1999 edition clearly defines “the role and function as Contract administrator […]”, 2017 edition reflects “[…] an increasing need for a more prescriptive, project - management oriented type of Contract for the Engineer (and the Parties) to follow.”1 MODERATOR – SVEND POULSEN, Group Leader of the Initial Update Task Group for the FIDIC 2017 forms of contracts (Red, Yellow, Silver) and COWI, Chief Project Manager, Denmark

Employer’s perspective Svend Poulsen, Group Leader of the Initial Update Task Group for the FIDIC 2017 forms of contracts (Red, Yellow, Silver) and COWI, Chief Project Manager, Denmark

Contractor’s perspective Eugenio Zoppis, Project Manager, Salini Impregilo S.p.A., Italy and Ethiopia

1 Simon Worley, 2017, Author of FIDIC 2017 forms of contracts (Red, Yellow, Silver)

the perspective of the Engineer in a FIDIC contract Irakli Khergiani, ACEG Board member and Dohwa Engineering co. Ltd, Regional Representative and Project Manager, Georgia

Adjudicator’s perspective Paul Taggart, Adjudicator on FIDIC President’s List and Construction Contract Services LLP, Owner, United Kingdom

Q&A

15:30 – 16:00 Coffee break

16:00 – 17:30

Engineer and Dispute Avoidance / Adjudication Board – effective dispute resolution All parties to the contract wish to have a successful project. This requires not only a fair and balanced contract which sets out the role of the parties, but also ways to ensure any issues which may arise are dealt with promptly and fairly. - evolution of the Engineer’s role, and introduction of DAB to deal with disputes. FIDIC now takes another step with dispute avoidance, undertaken by project team members through a DAAB. MODERATOR – KAREN GOUGH, Friendly Reviewer of FIDIC 2017 forms of contracts , and 39 Essex Chambers, United Kingdom

Employer’s perspective Jeremy Glover, Legal Reviewer of FIDIC 2017 forms of contracts (Red, Yellow and Silver) and Fenwick Elliott, Partner, UK - UAE

Contractor’s perspective Karen Gough, Friendly Reviewer of FIDIC 2017 forms of contracts , and 39 Essex Chambers, United Kingdom

the perspective of the Engineer in a FIDIC contract Giovanni Di Folco, FIDIC Accredited Adjudicator and Techno Engineering & Associates Group, President & Senior Partner, Romania and UAE

Adjudicator’s perspective Daduna Kokhreidze, Association of Consulting Engineers of Georgia – President, and Nodia, Urumashvili and Partners, partner, Georgia

Q&A

17:30 – 17:40 Conclusions of first day

Conclusions of first day by

Leo Grutters, Author of FIDIC 2017 forms of contracts (Red, Yellow, Silver) and Adjudicator on FIDIC President’s List, Germany

17:40 Cocktail for delegates offered by Nodia, Urumashvili and Partners, Georgia

Day 2 – Morning March 7th

1999 AND 2017 EDITIONS - – SAME STORY, DIFFERENT VERSION? 08:30 – 09:20 Central Eastern European and Eurasian Countries group breakfast meeting

08:30 – 09:20

Best Practices in adapting the FIDIC forms of contracts and agreements to national requirements in the Central Eastern European and Eurasian region In practice, public authorities allocate more time to awarding contracts than to administering existing contracts. This often leads to problems in contractor performance, cost overruns, and delays in receiving goods and services. Several other deficiencies have been noted such as unclear roles and responsibilities of the ‘contract coordinators’, excessive backlog in contract closeout and incurred costs audits, improperly trained officials performing contract oversight, unclear statements of work that hinder contractor performance, and inadequate guidance on IPC processing and contract completion. MODERATORS:

GIORGIANA TECUCI, FIDIC - Central Eastern European Countries group co-ordinator, Romania and DADUNA KOKHREIDZE, ACEG – Association of Consulting Engineers of Georgia - President Key note speech: the World Bank procurement reform - SANDRO

NOZADZE,World Bank, Procurement Specialist, Georgia Enrico Vink, FIDIC, Managing Director, Switzerland Kevin Rudden, European Federation of Engineering Consultancy Associations, President, Belgium Demir Inozu, ATCEA Board Member and the Immediate Past President Turkey Jomanah Al Btoush, FIDIC Young Professional Forum Steering Committee, Chair, and Arabtech Jardaneh, Jordan Svitlana Reva, ICEG Vice-President, Ukraine Rafat AlBuri, FIDIC Young Professional Forum Steering Committee, KSA [full list to be made available]

08:30 – 09:25 Welcome Coffee

CHAIR OF DAY 2 - AISHA NADAR, Author of FIDIC 2017 forms of contracts (Red, Yellow, Silver) and FIDIC , Board of Directors - Member , Sweden

09:30 – 11:00

Case studies from the region Learn about critical and complex issues related to the construction lifecycle (strategy and planning; financing and procurement; design and construction; operations and maintenance; and decommissioning and disposal). Our cases studies are providing you with insight to help increase the investment value of large capital projects.

MODERATOR – ENRICO VINK, co-ordinator FIDIC 2017 standards and FIDIC, Managing Director, Switzerland

Employer’s perspective Keti Aleksidze, United Airports of Georgia LLC, Director

Employer’s perspective Zurab Pichkhaia, Anaklia Development Consortium, CFO, Georgia

Dispute Adjudication in Turkey Fatma Cölasan, GEN-TES Engineering Ltd., Owner /Managing Director and ATCEA, past president,Turkey

DAB appointment under FIDIC Contract - Perspective of appointing entity Irakli Kordzakhia, DRC Dispute Resolution Center, Court member, Georgia

FIDIC implementation in Belarus Aliaksei Daryin, Sorainen, Senior Associate, Belarus

Q&A

11:00 – 11:30 Coffee break

11:30 – 13:00

Variation clauses from the public / MDB procurement perspective In general, under the 2014 EU Directives, modifications are possible but within very strict boundaries and only in the specified situations: changes must be pursuant to a clear, precise & unequivocal review/option clause. But what constitutes “clear and precise terms”, or “substantial alteration” or “overall nature”? How are FIDIC standards responding to these challenges? MODERATOR – EVGENY SMIRNOV, Friendly Reviewer of FIDIC 2017 forms of contracts (Red, Yellow, Silver) and FIDIC , Board of Directors - Member , Sweden

Procurement Expert and Financier’s perspective Evgeny Smirnov, Friendly Reviewer of FIDIC 2017 forms of contracts (Red, Silver) and European Bank for Reconstruction and Development, Procurement Policy Dept. - Associate Director, Policy Advisor, UK

Procurement Expert and Financier’s perspective Sandro Nozadze,World Bank, Procurement Specialist, Georgia

Employer’s perspective Svitlana Teush, Redcliffe Partners, Head of Real Estate and Construction, Counsel for Energy and M&A, Ukraine

the perspective of the Engineer in a FIDIC contract Taner Dedezade, FIDIC accredited trainer and Corbett & Co., Barrister, United Kingdom

Contractor’s perspective Mathias Fabich, EIC Working Group “Contract Conditions” Chairman and PORR Bau GmbH, Head of Contract Management and Prequalification Department, Austria

Q&A

13:00 – 14:00 Lunch break

14:00 – 15:30

Understanding how the [1999 and 2017] FIDIC Contract deals with time Commencement Date, delays, delay damages, extensions of time, early warning, suspension, tests on completion, taking over and test after completion - common law v. civil law perspectives vetoed by delay experts and adjudicators. MODERATOR – JEREMY GLOVER, Legal Reviewer of FIDIC 2017 forms of contracts (Red, Yellow and Silver) and Fenwick Elliott, Partner, UK - UAE

Common Law perspective – Lawyer Jeremy Glover, Legal Reviewer of FIDIC 2017 forms of contracts (Red, Yellow and Silver) and Fenwick Elliott, Partner, UK - UAE

Civil Law perspective – Lawyer Cremona Cotovelea, Friendly Reviewer of FIDIC 2017 forms of contracts (Red and silver) and SCPA Tecuci Paltineanu, partner, Romania

Delay Expert – 10 practical tips for making delay claims - Engineer Octavian Dan, Driver Trett, Technical Director, United Kingdom

Adjudicator’s perspective Levent Irmak, Friendly Reviewer of FIDIC 2017 forms of contracts, Modern Construction Consulting, Founding and Managing Partner, Turkey

The perspective of the Georgian law Nina Tsaturova, ACEG Board member and Nodia, Urumashvili and Partners, associate, Georgia

Q&A

15:30 – 16:00 Coffee break

16:00 – 17:30

Payments. Good management and parties satisfaction Timely payments of contractors are crucial for ensuring the continuity of works and completion of infrastructure projects within time, budget, and quality specifications. There is a need for appropriate mitigation measures against (potential) risks such as delayed disbursement of funds by external financiers, delayed approval of contractors’ (payment) requests, as well as delays caused by the need to check the management of project funds (by independent / public auditors). MODERATOR - LEO GRUTTERS, Author of FIDIC 2017 forms of contracts (Red, Yellow, Silver) and Adjudicator on FIDIC President’s List, Germany

Eligibility aspects – Financier’s perspective Cremona Cotovelea, Friendly Reviewer of FIDIC 2017 forms of contracts (Red and Silver) and SCPA Tecuci Paltineanu, Romania

Advanced Payment – the perspective of the Contractor in a FIDIC contract Zaza Bakuradze, Peri LLC, Project Manager, Georgia

Payment –Procurement Expert and Adjudicator’s perspective Florin Niculescu, FIDIC Accredited Adjudicator and AB Initio, owner, Romania

Restrictions imposed on payments - the perspective of the Engineer in a FIDIC contract Kevin Rudden, European Federation of Engineering Consultancy Associations, President, Belgium and Garland Consultancy, CEO, Ireland

Q&A

17:30 – 17:35 Conclusions of the day

Conclusions of the day 2 by

Aisha Nadar, Author of FIDIC 2017 forms of contracts (Red, Yellow, Silver) and FIDIC, Board of Directors - Member , Switzerland

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