Managing Force Majeure And Frustration Under Fidic Training Course

Introduction

Empower construction professionals to effectively navigate and manage unforeseen events that significantly impact project execution with our comprehensive Managing Force Majeure and Frustration under FIDIC Training Course. This program equips you with the essential knowledge and skills to understand the concepts of force majeure and frustration, identify qualifying events, and apply the relevant provisions within FIDIC contracts to mitigate risks and ensure equitable outcomes. Mastering the management of force majeure and frustration is increasingly vital for professionals seeking to protect their projects from disruptions caused by extraordinary circumstances. Our FIDIC force majeure training course offers in-depth guidance and actionable strategies for effectively dealing with these challenging situations.

This Managing Force Majeure and Frustration under FIDIC training course delves into key areas such as the definition and scope of force majeure and frustration, the procedures for invoking these provisions, the allocation of risks and responsibilities, and the determination of entitlements and remedies under FIDIC contracts. You will gain expertise in analyzing and responding to force majeure events, understanding the legal nuances of frustration, and developing strategies to minimize the impact of such events on project timelines and costs. Whether you are a project manager, contract administrator, or legal advisor, this Managing Force Majeure and Frustration under FIDIC course will provide you with the tools and knowledge to confidently handle these complex situations and protect your interests under FIDIC contracts.

Target Audience:

• Project Managers
• Contract Administrators
• Legal Advisors
• Risk Managers
• Insurance Professionals
• Employers' Representatives
• Contractors' Representatives

Course Objectives:

• Understand the concepts of force majeure and frustration.
• Identify qualifying events under FIDIC.
• Apply the relevant provisions in FIDIC contracts.
• Determine entitlements and remedies under FIDIC.
• Allocate risks and responsibilities
• Analyze and respond to force majeure events.
• Understand the legal nuances of frustration.
• Develop strategies to minimize the impact of unforeseen events.
• Ensure compliance with FIDIC procedures.
• Prepare and submit force majeure notices
• Evaluate the time and cost implications.
• Negotiate equitable solutions in force majeure situations.
• Understand the relationship between force majeure, frustration, and other relief events.

Duration

5 Days

Course content

Module 1: Concepts of Force Majeure and Frustration

• Understanding the concepts of force majeure and frustration.
• Defining force majeure and frustration.
• Distinguishing between force majeure and frustration.
• Examining the historical and legal context.
• Understanding the purpose of force majeure clauses.

Module 2: Identifying Qualifying Events under FIDIC

• Identifying qualifying events under FIDIC.
• Analyzing the definition of force majeure in FIDIC contracts.
• Identifying examples of force majeure events.
• Determining whether an event is foreseeable.
• Understanding the concept of "beyond the control of the parties."

Module 3: Application of Relevant Provisions in FIDIC Contracts

• Applying the relevant provisions in FIDIC contracts.
• Locating and interpreting the force majeure clauses.
• Understanding the procedures for invoking force majeure.
• Examining the obligations of the parties.
• Understanding the consequences of force majeure.

Module 4: Entitlements and Remedies under FIDIC

• Determining entitlements and remedies under FIDIC.
• Understanding entitlement to extension of time (EOT).
• Determining entitlement to costs.
• Examining the contractor's obligation to mitigate.
• Understanding the employer's rights and obligations.

Module 5: Risk and Responsibility Allocation

• Allocating risks and responsibilities
• Understanding how FIDIC contracts allocate risk.
• Analyzing the allocation of risk for specific events.
• Negotiating risk allocation in force majeure situations.
• Understanding the role of insurance.

Module 6: Analyzing and Responding to Force Majeure Events

• Analyzing and responding to force majeure events.
• Establishing the occurrence of a force majeure event.
• Gathering and documenting evidence.
• Notifying the other party.
• Developing a response strategy.

Module 7: Legal Nuances of Frustration

• Understanding the legal nuances of frustration.
• Examining the doctrine of frustration.
• Distinguishing frustration from force majeure.
• Understanding the limitations of frustration.
• Analyzing case law on frustration.

Module 8: Minimizing the Impact of Unforeseen Events

• Developing strategies to minimize the impact of unforeseen events.
• Implementing business continuity plans.
• Developing contingency plans.
• Utilizing alternative dispute resolution (ADR).
• Managing the aftermath of a force majeure event.

Module 9: Compliance and Best Practices

• Ensuring compliance with FIDIC procedures.
• Preparing and submitting force majeure notices
• Evaluating the time and cost implications.
• Negotiating equitable solutions in force majeure situations.
• Understanding the relationship between force majeure, frustration, and other relief events.

Training Approach

This course will be delivered by our skilled trainers who have vast knowledge and experience as expert professionals in the fields. The course is taught in English and through a mix of theory, practical activities, group discussion and case studies. Course manuals and additional training materials will be provided to the participants upon completion of the training.

Tailor-Made Course

This course can also be tailor-made to meet organization requirement. For further inquiries, please contact us on: Email: info@skillsforafrica.org, training@skillsforafrica.org  Tel: +254 702 249 449

Training Venue

The training will be held at our Skills for Africa Training Institute Training Centre. We also offer training for a group at requested location all over the world. The course fee covers the course tuition, training materials, two break refreshments, and buffet lunch.

Visa application, travel expenses, airport transfers, dinners, accommodation, insurance, and other personal expenses are catered by the participant

Certification

Participants will be issued with Skills for Africa Training Institute certificate upon completion of this course.

Airport Pickup and Accommodation

Airport pickup and accommodation is arranged upon request. For booking contact our Training Coordinator through Email: info@skillsforafrica.org, training@skillsforafrica.org  Tel: +254 702 249 449

Terms of Payment: Unless otherwise agreed between the two parties’ payment of the course fee should be done 21 working days before commencement of the training.