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2nd Dispute Boards Seminar

Attend to a Dispute Board Hearing

Do you want to attend a Dispute Board Hearing!. Alone, the Dispute Adjudication Boards (DABs) term is frightening the construction professionals…. But now you have a chance to attend to a mock dispute board hearing. 

one of my projects there was millions of dollars (literally) disputed amount that was basically the result of the different point of views to the works executed and of course interpretation of the Contract. But at the end, millions of dollars were on the table waiting for a resolution. I was telling myself “just the total amount of the basic interest rate and man hours spend for the disputed works could start and finish a middle scale construction project”. As a result, I witnessed myself how costly and time-consuming can be for those kinds of unresolvable disputes. 

Last years, I got a chance to attend a training by UAE Society of Engineers  called “Arbitration in Construction under FIDIC Contracts”. In the training, I learnt the fundamentals about disputes, arbitration, boards, and etc.. Moreover main differences between Arbitration and Dispute Adjudication.  But I was curious to see a live Dispute Board Hearing after the training…

Couple of days before I got an invitation mail from Dispute Boards MENA which was calling (me) for 2nd Dispute Borads Mena Seminar. At the end, I will have the chance to attend a Dispute Board Hearing even it is mock. If I would stay in Emirates up to meeting date which I don’t know yet. But if I am around,  I will definitely attend Mock Dispute Board Hearing. 

Besides, as indicated in the programme one-hour Networking will be another advantage of the day for you.

Part of the invitation mail which is self-explanatory: 

The seminar will consist of an introduction to DABs followed by a mock dispute board hearing during where listed DB MENA practitioners will take on the roles of the Contractor, the Engineer and the DAB. Specifically, the Contractor will present his case to the DAB and the Engineer will respond on behalf of the Employer. Having heard both cases, the DAB will give a decision and share the reasons for reaching it.

Details for the Mock Dispute Board Hearing: 

Date: Wednesday 13th April 2016
Time:
6:30pm – 7:00pm – Networking and Refreshments
7:00pm – 8:00pm – Mock DAB Hearing
8:00pm – 8:30pm – Q&A
Venue: Conference Centre, Block 1, Dubai Knowledge Village. A car park is located directly across the road from the Conference Centre for those driving to the venue.
Presenting the Mock DAB Hearing:
Representing the Contractor: Andy Hewitt
Representing the Engineer: Gordon Clark
Representing the DAB: TBA
Fees: Dispute Boards MENA is a non-profit initiative. We, therefore, ask for a fee of AED 100 per person to cover the costs of running the event.

For more information website of the Dispute Boards MENA: http://www.disputeboardsmena.com/

For Registering the event: https://www.eventbrite.com/e/2nd-dispute-boards-mena-seminar-how-dispute-boards-save-time-and-money-on-construction-projects-tickets-21600080422

List of Turkish Technical Consultancy Companies

For years I am working with international projects with multinational teams/companies. Some of the projects I stepped into from the scratch and realized that the companies have issues in a new market/country as to build up team, collaboration with local laws – legislation and also codes, specifications, standards and etc.

Besides that presently in construction sector if you are at the client part, it will be needed for a technical consultant for sure. What I observed is; as the consulting business start to boom in the industry there started to be established lots of new consultancy firms but lots of them do not have a background for specializing the field of the business. As a result; reliable consultant is a must for my point of view and hard to locate in the market especially in 3rd world countries…

For the foreign companies which have project(s) in Turkey it is more critical to make the right choice that would affect all the project’s success so I wanted to share the List of Turkish Technical Consultancy Companies as below.

The list is generated due to the Association of Turkish Consulting Engineers and Architects (ATCEA) web site which seems the most reliable source.

FIDIC Silver Book & FIDIC Gold Book

FIDIC SIlver Book & FIDIC Gold Book

Within the EPC/Turnkey Based projects FIDIC Silver Book will be your guide.

As my last two projects were EPC based and the last one is PPP (Public-Private Partnership) Infrastructure-Highway project within a multinational joint venture private partnership side on the other hand and if you have in the same kind of project (These days most of the Gulf projects based on PPP) you will see that your project is differentiated between sides of the projects like as below.

PPP —> PVT – Authority —> PVT – EPC Contractor –> EPC Contractor – Subcontractors ( Design & Execution)

That  kind of structures could be really tough as a result of different needs of the parties in the different phases of the project and for this kind of  situations New FIDIC DBO (aka FIDIC Gold Book) could be your solution.

FIDIC DBO Similarities with other FIDIC Contracts

FIDIC DBO adopts the same format of existing FIDIC contracts (RED,Yellow, Silver, White Books) and further retains the style and most of the common definitions, paragraphs and structures that make FIDIC unique.
It’s function is found in clause 9 entitled ‘Design – Build’ which specially provides for necessary elements to administrate the design and build component.
New definitions specific to DBO projects have been included in the new form.
As an example; the definition of the ‘License Agreement’ to regulate the operation component of the agreement and corresponding authority of the Contractor. Another noteworthy definition is that of ‘Cost plus Profit’, although FIDIC provides for such a definition, we suspect that in its practical application, we would define parties amending such definitions to account for project specific definitions and exhaustive itemisation of the costs component to avoid doubt or miscommunication deficiencies.  Read More