Presentations

325a0133-2
Day-3_3478 - Version 2
DateVenuePresentationContents
26 June 2019FIDIC Asia Pacific Contract Users’ Conference Hong Kong26 June 2019 FIDIC Asia Pacific Contract Users’ Conference Hong Kong 2017, 1999 or 1987 - Which Version of FIDIC contracts do you Prefer and Why?1.Where FIDIC contracts were sold
2. Comparison of 2017, 1999 and 1987 editions
3. Significant changes in 2017 Red Book
25 June 2019FIDIC Asia Pacific Contract Users’ Conference Hong KongComparative Advantages of FIDIC in Relation to Other Commonly Used Standard Forms of Contract in Asia Pacific and Beyond1. Standard form contracts in different jurisdictions
2. FIDIC contract forms
3. ENAA forms of contract
4. NEC4 forms of contract
30 October 2018

5 December 2017
FIDIC Contract Users’ Conference Johannesburg 2018

FIDIC Contract Users’ Conference London 2017
New Official Guidance on Modifying FIDIC Conditions of Contracts
FIDIC Golden Principles
1. Background to the Need for the FIDIC Golden Principles
2. Rationale for the Golden Principles
3. The FIDIC Golden Principles
4. Guidance for Drafting Contract Documents Using the GPs
5. Examples of Breach of GPs
21 August 2018DRBF Conference Yogyakarta 2018FIDIC Conditions of Contract New Edition 2017 and Dispute Boards1. Overview of the 2017 provisions on DAABs, and the differences from the 1999 editions.
2. General Conditions of Dispute Avoidance/Adjudication Agreement
3. Procedural Rules for DAA Agreement
4. Dispute Avoidance under FIDIC contracts.
3 July 2018FIDIC Contract Users’ Conference Singapore 2018New Official Guidance on Altering FIDIC Conditions1. Background to the Need for TG15 and its mandate.
2. What is the current status of TG15’s work?
3. Walk-through the TG15 Golden Principles.
4. Reasons for Particular Conditions which may infringe the Golden Principles.
5. Examples of Breach and proper use of the Golden Principles.
12 October 2017IBA Conference Sydney 2017FIDIC Golden Principles1. Fair and balanced contracts
2. Background to the FIDIC Golden Principles
3. The FIDIC Golden Principles
4. Guidance for drafting contract documents using the GPs
5. Promotion of the GPs
31 March 2016Television Education Network Webinar, AustraliaGetting the most out of expert witnesses1. When to brief an expert
2. Ethical considerations
3. Dealing with adverse opinion
4. Court Rules
5. How to work effectively with experts
6. Expert conferences and conclaves – Matthews v SPI Electricity
29 October 2015Gastech Conference SingaporeDoes $50/bbl oil require a new approach to delivering successful projects?1. The track record of megaprojects
2. What factors lead to unsuccessful projects?
3. What need to be done to improve project success rate?
21 October 2015Cardno, St Leonards NSWDesign contracts from the Client’s perspective1. What is the Client looking for?
2. What can the Consulting Engineer deliver?
3. What are the design risks?
4. How can the Client manage the design risks?
5. Using the FIDIC White Book to appoint a design consultant
6. Skill and care vs fit for purpose
1 July 2015FIDIC Asia-Pacific Contract User’s Conference, SingaporeWhen is a so-called “FIDIC Contract” not a FIDIC Contract?1. What are the essential features of a FIDIC Contract?
2. What type of modifications to the wording of the GCs makes a contract not a FIDIC Contract?
3. What type of modifications are acceptable in a “FIDIC Contract”, so called?
4. How should legitimate modifications to FIDIC General Conditions be managed and identified?
5. How can FIDIC protect its “brand”?
6. Case studies of acceptable and unacceptable modifications to FIDIC Contracts.
1 July 2015FIDIC Asia-Pacific Contract User’s Conference, SingaporeUnderstanding Dispute Boards1. Full term & ad hoc DABs under FIDIC contracts
2. The roles of Dispute Boards
3. Enforcement of a Dispute Adjudication Board decision – PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation
30 June 2015FIDIC Asia-Pacific Contract User’s Conference SingaporeCase Study on the Red Book
30 June 2015FIDIC Asia-Pacific Contract User’s Conference SingaporeThe White Book in Practice – the Business of Consulting Engineering1. Using the White Book to appoint the lead design consultant
2. Using the White Book to appoint the Engineer/Employer’s Representative under a FIDIC Contract
3. The risks arising from innovation
4. Standard of performance: Skill and care vs fit for purpose
5. Who should take the risk of unforeseeable matters?
6. Variation to services and programme
7. JV Agreement – split teams and integrated teams
8. Areas of concern
9. Key principles being considered in the update of the White Book
17 February 2015Melbourne University Master of Construction Law – Avoiding and Managing Construction DisputesDispute avoidance and resolution1. Role of the contract in dispute avoidance and resolution
2. Claims & disputes
3. Dispute avoidance
4. Dispute resolution
5. Dispute resolution methods
6. Dispute Boards
7. The future
2 December 201427th Annual FIDIC Contract Users’ Conference, LondonWhat to do and what not to do as the Engineer under a FIDIC Contract: The Engineer’s roles and risks under FIDIC Contracts1. Understanding the client’s requirements
2. Scope of the engineer’s services
3. Proper documentation of the engineer’s contract for services
4. The risks arising from innovation
5. Execution of the engineer’s work
25 November 2014Marcus Evans Conference – Corporate Legal Excellence, Kuala LumpurDispute Boards – Review, Adjudication or Avoidance of Disputes?1. What is a Dispute Board?
2. Contractual requirements
3. How a DB operates in practice in large projects:
a. Monitoring project
b. Dispute avoidance
c. Dispute resolution if required
4. Costs of Dispute Boards
5. Benefits
6. Dispute Boards in Australia
7. Reasons for high success rates
11 - 13 November 2014Society of Construction Law NZ – Christchurch, Wellington, AucklandThe Engineer is dead. Long live the engineer!1. Development of civil engineering contracts
2. Role of the engineer
3. Isambard Kingdom Brunel
4. The engineer as agent of the Employer
5. Modern contractual provisions on the Engineer
6. The Engineer is dead
7. Quebec Bridge (1907)
8. Westgate Bridge (1971)
9. Long live the engineer!
23 October 2014Melbourne University Master of Construction Law - Avoiding & Managing Construction DisputesDispute Boards in Construction Contracts1. What is a Dispute Board?
2. Contractual requirements
3. How a DB operates in practice in large projects:
a. Monitoring project
b. Dispute avoidance
c. Dispute resolution if required
4. Costs of Dispute Boards
5. Benefits
6. Dispute Boards in Australia
7. Reasons for high success rates
20 September 2014Fifth International Construction Law Conference, Kuala LumpurDispute Boards – Review, Adjudication or Avoidance of Disputes?1. What is a Dispute Board (DB)?
2. Types of Dispute Boards
3. Contractual requirements for a DB
4. Dispute Avoidance
5. Dispute Resolution
6. Cost and Payments to the DB
9 June 2014, 17 August 2014MTECC Seminar – Recent Developments in Construction Law in Australia,
Perth, Brisbane
Dispute Boards1. What is a Dispute Board (DB)?
2. Contractual requirements for a DB
3. Dispute Avoidance
4. Dispute Resolution
5. Cost and Payments to the DB
8 – 9 July 2014FIDIC Asia-Pacific Contract Users’ Conference, Shenzen ChinaArbitration & Alternative Dispute Resolution1. Claims & disputes
2. Dispute avoidance
3. Alternative dispute resolution
4. The roles of Dispute Boards
5. How FIDIC contracts can be used to promote dispute avoidance
6. Recent developments and trends in international arbitration
8 – 9 July 2014FIDIC Asia-Pacific Contract Users’ Conference, Shenzen ChinaRisk allocation under the FIDIC forms of contract1. Project Risks
2. Balanced risk sharing principles
3. Risk allocation in FIDIC contracts
4. Allocation of specific risks
5. Risk allocation in the design phase
6. Abuse of particular conditions
7. Unbalanced risk allocation
4 December 201326th FIDIC International Contract Users’ Conference, LondonDispute Boards in Practice1. Claims & disputes
2. Tools for dispute avoidance
3. Full term and ad hoc DBs under the FIDIC rainbow suite
4. The roles of Dispute Boards
5. How FIDIC contracts can be used to promote dispute avoidance
6. Practical experiences
4 December 201326th FIDIC International Contract Users’ Conference, LondonAmicable settlement and ADR
17 October 2013Melbourne University Master of Construction Law - Avoiding & Managing Construction DisputesDispute Boards in Construction Contracts 1. What is a Dispute Board?
2. Contractual requirements
3. How a DB operates in practice in large projects:
a. Monitoring project
b. Dispute avoidance
c. Dispute resolution if required
4. Costs of Dispute Boards
5. Benefits
6. Dispute Boards in Australia
7. Reasons for high success rates
8 October 2013Institution of Engineers Australia Symposium on Managing Design Risk and Structural Failures, MelbourneThe Art of the Forensic Engineer 1. Forensic engineering
2. Forensic engineer’s skills
3. Engaging forensic engineers
4. Case studies:
– Quebec bridge (1907)
– Westgate bridge (1971)
4 September 2013 2013 Structural Engineering Mechanics and Computation Conference, Capetown South AfricaThe Art of the Forensic Engineer 1. Forensic engineering
2. Forensic engineer’s skills
3. Engaging forensic engineers
4. Case studies:
– Quebec bridge (1907)
– Westgate bridge (1971)
3 August 2013Society of Construction Law Australia Conference, SydneyThe duty of care in design - can Engineers rely on Codes of Practice? (with Dr Andrew Potts) 1. Codes of Practice & Standards
2. Statutory Significance of Codes and Standards
3. Contractual Significance of Codes & Standards
4. Duty of Care in Design
5. Is There an Obligation to Comply With a Code or Standard?
6. Is Compliance With a Code or Standard Sufficient?
7. A Case Study
8. Conclusion
26 July 2013AMOG, MelbourneThe duty of care in design - can Engineers rely on Codes of Practice?1. Codes of Practice & Standards
2. Statutory Significance of Codes and Standards
3. Contractual Significance of Codes & Standards
4. Duty of Care in Design
5. Is There an Obligation to Comply With a Code or Standard?
6. Is Compliance With a Code or Standard Sufficient?
7. Conclusion
28 May 2013ThomsonReuters Construction Law Masterclass, MelbourneA Holistic Approach to Construction Dispute Avoidance and Management 1. Role of the contract in dispute avoidance and management
- The contractual requirement to co-operate
2. On-site dispute avoidance and management
- The role of Dispute Boards
3. On-site dispute resolution
4. The future of construction dispute avoidance and management
2 May 2013Dispute Resolution Board Foundation Workshop, ParisFunctioning of Dispute Boards
20 February 2013Dispute Resolution Boards and the Public Sector, Minter Ellison, MelbourneDispute Boards – Dispute Adjudication
2 October 2012International Bar Association Conference, DublinThe use of the Unidroit Principles in international construction contracts 1. What are the Unidroit Principles (UP)?
2. How do the UP relate to national law?
3. How are the UP invoked?
4. Can the UP apply if not chosen expressly by the contracting parties?
5. What factors might an Arbitral Tribunal apply in choosing the UP as the lex contractus?
11 September 2012Melbourne University Master of Construction Law - Construction RiskCase Study: Heathrow Terminal 5
10 August 2012AMOG, MelbourneDispute resolution 1. Different methods of dispute resolution and their characteristics: ADR cf binding determination of rights
2. Negotiation
3. Facilitation methods of ADR
4. Evaluation methods of ADR
5. Binding determination of rights according to law:
a. arbitration
b. Litigation
12 June 2012FIDIC Asia-Pacific Contract Users’ Conference, SingaporePursuing claims under FIDIC contracts in Asia Pacific and internationally 1. Notices and claims procedures
2. Extension of time
3. Claims for additional payments
25 May 2012AMOG, MelbourneEngineering failures and lessons learnt 1. Avoiding disputes
2. Quebec bridge (1907)
3. Channel tunnel (1994)
4. Heathrow Express tunnel
5. Scottish Parliament House (2004)
6. Boston Central Artery/Tunnel; - “Big Dig
12 May 2012International Construction Projects Committee of the IBA, MelbourneDispute Boards in Australia
11 May 2012Monash University Bachelor of Laws course on construction law, MelbourneConstruction arbitration and litigation 1. Claims & disputes
2. DR clauses in standard form contracts
3. Arbitration
4. Litigation
3 May 2012Dispute Resolution Board Foundation Workshop, SydneyRoutine DRB Operations
2 March 2012AMOG, MelbourneThe contract is king 1. IMC Aviation Solutions Pty Ltd v Altain Khuder LLC [2011] VSCA 248
2. The imperial march of negligence may have halted: Wrongs Act 1958 (Vic)
2 March 2012AMOG, MelbourneAustralian Consumer Law1. Australian Consumer Law: misleading or deceptive conduct in breach of ACL
2. Cases on misleading or deceptive conduct
3. Principles applied by the Courts
4. Remedies under the ACL
18 November 2011Lexis Nexis Construction Law conference, MelbourneResolving construction disputes – mediate, arbitrate or litigate? 1. Different methods of dispute resolution and their characteristics: ADR cf binding determination of rights
2. Negotiation
3. Facilitation methods of ADR
4. Evaluation methods of ADR
5. Binding determination of rights according to law:
a. arbitration
b. Litigation
6. Managing disputes
13 September 2011Melbourne University Master of Construction Law - Construction RiskCase Study: Heathrow Terminal 5
14 July 2011AMOG, MelbourneAustralian Consumer Law 1. BHP Coal Pty Ltd v O & K Orenstein & Koppel AG [2008] QSC 141
2. Australian Consumer Law
3. Misleading or deceptive conduct in breach of ACL
4. Cases on misleading or deceptive conduct
5. ACL provisions in respect of “consumers”
6. Wrongs Act 1958 (Vic)
7. Building Act 1993 (Vic)
29 March 2011Victorian Bar Standard Form Contracting: the role for FIDIC Contracts Domestically and Internationally (with Toby Shnookal) 1. Standard Form contracting in Australia
2. The move away from Standard Forms
3. The FIDIC Contracts
4. The administration of FIDIC Contracts
5. The advantages of a Standard Form Contract
6. The Engineer
7. Risk allocation
8. Structure of FIDIC contracts
9. FIDIC contract provisions in the Australian context
10. Update of the rainbow suite
11. Construction Subcontract 2010
14 February 2011FIDIC Middle East Contract Users’ Conference, Abu DhabiFIDIC Conditions of Contract for Construction Multilateral Development Banks (MDB) Harmonised Edition1. Participating Banks
2. Background to MDB Edition
3. Bank specific amendments to Red Book (2010 Edition)
4. 2010 Modifications
5. Criticisms of MDB
6. Summary
7 December 2010 Allens Arthur Robinson, Hong KongFIDIC Contracts1. The FIDIC Contracts
2. The administration of FIDIC Contracts
3. The Engineer
4. Risk allocation
5. Structure of FIDIC contracts
6. Construction Subcontract 2010
2 December 2010 FIDIC International Contract Users’ Conference, LondonFIDIC Conditions of Contract for Construction Multilateral Development Banks (MDB) Harmonised Edition
28 October 2010Society of Construction Law Australia, BrisbaneDispute avoidance and resolution: novel techniques for an age old problem (with Anders Axelson) 1. Dispute Avoidance
a. Principles of dispute avoidance (AA)
i. Alliancing/ partnering
ii. Contractual risk allocation
iii. Planning and scoping
iv. Best practice programming
v. Best practice record-keeping
b. Dispute Boards (DC)
2. Dispute Resolution
a. Dispute Boards (DC)
b. Statutory adjudication, mediation, procedural innovations, reforms to expert evidence procedures, expert determinations, Med-Arb (AA)
14 September 2010 Melbourne University Master of Construction Law - Construction RiskThe contractual risks of time, cost and quality: Case Studies 1. West Gate bridge (1970)
2. Quebec bridge (1907)
3. Heathrow Terminal 5 (2008)
16 July 2010AMOG MelbourneThe contractual risks of time, cost and quality
24 June 2010FIDIC Asia Pacific Contract Users’ Conference, Beijing, ChinaFIDIC Conditions of Contract for Construction Multilateral Development Banks (MDB) Harmonised Edition1. Participating Banks
2. Background to MDB Edition
3. Highlights of Bank specific amendments to Red Book (2006 Edition)
4. Proposed 2010 MDB Edition modifications
21 June 2010Society of Construction Law Hong KongThe Engineer is dead. Long live the engineer! 1. Role of the engineer/Engineer
2. Hudson’s Building Contracts (4th ed) Vol II:
a. 58 cases total
b. 24 Architect / Engineer / Surveyor
3. The engineer as agent of the Employer
4. Modern contractual provisions on the Engineer
5. The Engineer is dead
6. Long live the engineer!
18 June 2010Society of Construction Law Australia Inaugural Conference, Perth, AustraliaIs contractual risk a zero-sum game?
16 March 2010Giannakopoulos Solicitors, MelbourneManaging claims: strategies and solutions 1. Professional negligence claims
a. Design, supervisory & statutory obligations
b. Professional negligence claims
c. Common issues arising in professional negligence claims
d. Managing negligence claims
e. Solutions & tips
2. Variation claims
a. Variations
b. Understanding variation claims
c. Common issues arising in variation claims
d. Managing variation claims
e. Solutions & tips
23 February 2010MolinoCahill Solicitors, MelbourneDispute Boards and Construction Contracts 1. What is a Dispute Board?
2. Contractual requirements
3. How a DB operates in practice in large projects:
a. Monitoring project
b. Dispute avoidance
c. Dispute resolution if required
4. Costs of Dispute Boards
5. Benefits
6. Dispute Boards in Australia
7. Reasons for high success rates