Fidic Event June - MSCL

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MANAGEMENT OF CONSTRUCTION PROJECTS UNDER

FIDIC CONDITIONS OF CONTRACTS


“FIDIC 1999 vs FIDIC 2017 EDITIONS“
Including panel discussion on

“TIME-BAR OF CLAIMS UNDER MACEDONIAN LAW”


at
“Faculty of Social Studies – FON”
Address: Str. “Kiro Gligorov” b.b. 1000 Skopje, R.
Macedonia
on
07 JUNE, 2018, Skopje, R. Macedonia

Tutor:
Levent Irmak
MSc. Civil Engineer, FFAVE(Master), Dispute Board Member, Expert Witness,
Contracts & Claims Consultant, Accredited FIDIC Trainer
Managing Director – MC2 MODERN International
Construction Consulting Corporation

Panelists:
Darko Spasevski
Professor at Faculty of Law
Mirjana Markovska - Andrevski
President of Macedonian Society of Construction Law
Attorney at law, Mediator & Arbiter
Founder of Law Office MARKOVSKA&ANDREVSKI Skopje
Vlatko Mihajlov
Bs. Civil Engineer, Chartered Quantity Surveyor (FRICS),
Recognized FIDIC Practitioner
MANAGEMENT OF CONSTRUCTION PROJECTS UNDER FIDIC CONDITIONS OF CONTRACTS
“FIDIC 1999 VS. FIDIC 2017 EDITIONS”
Including panel discussion on
“TIME-BAR OF CLAIMS UNDER MACEDONIAN LAW”

ABOUT THE SEMINAR and TOPICS COVERED

This one-day training seminar will provide an up-to-date


understanding of the main 1999 FIDIC construction forms of
contract (Red, Yellow and Silver) and the recently published
2. Edition of FIDIC Conditions of Contract in 2017. The
seminar begins by introducing FIDIC and the FIDIC suite of
contracts, consideration of some important clauses of the
Books, comparing and contrasting them with respect to certain
key issues and latest developments. A particular focus shall be
given to the major revisions introduced with respect to the key
aspects of the Conditions in the 2017 Editions. The seminar
will cover explanations, illustrations and case studies for the use
of the FIDIC Conditions of Contract. Additionally, participants
of the seminar will be provided with understanding of 10 most
common contractual issues on Construction projects. Also,
a Panel discussion will be held on the topic held on the topic
Time-Bar of Claims (sub-Clause 20.1) Under Macedonian Law.

SEMINAR TUTORS

The tutor and panelists are provided by Macedonian Society


of Construction Law in collaboration with MC2 MODERN-
Turkey.
Levent Irmak
Mr. Irmak is a Civil Engineer with MSc degree in construction
management and the Founder and Managing Director of MC2
MODERN. He started his career in the United States and
worked as claims manager for leading construction companies
and has been acting as a consultant to construction companies,
project owners, engineering and law firms in projects with
a total value of over 10 billion USD. He regularly trains on
FIDIC contracts and international contract management
practices and has served as Dispute Adjudication Board (DAB)
member, Expert Witness in international arbitration cases
and Contract Advisor in various countries, such as Turkey,
Germany, Azerbaijan, Georgia, South Africa, Iraq, Jordan,
United Arap Emirates, Kuwait, Kazakhistan and Ethiopia.
He has extensive experience mainly in Contracts and Claims
Management with special emphasis in preparation and
defense against claims with respect to delays, disruptions
and acceleration. He has been an invited “friendly reviewer”
of FIDIC forms of contracts and an accredited FIDIC trainer.
He is a member and Past-President of the Dispute Resolution
Board Foundation (DRBF) Region 2 Board of Directors.
Darko Spasevski

Darko Spasevski, PhD., is Assistant Professor at the Faculty of


Law ”Iustinianus Primus”, ”Ss. Cyril and Methodius” University
in Skopje, Macedonia. He gained his PhD degree in 2012. He is
Assistant Professor in the area of Business Law (he teaches courses
Business Law, International Commercial Law, E-Commerce Law).
He has been participant at international study programs and visits
such as: 2012 Summer University of Continental Law, organized
by Fondation Pour le Droit Continental, Paris, France; 2010Law
and Business in Europe, organized by Instituto Universitario di
Studi Europei and Centro Studi Sul Federalismo, Turin, Italy; 2010
International Summer School at IT Law, Institut für Rechtsinformatik,
Leibniz University, Hanover, Germany and 2009 Munich University
Summer Training in German and European Law, Ludwig Maximilian
University – Faculty of Law, Munich, Germany.

Mirjana Markovska - Andrevski

Mirjana Markovska - Andrevski - attorney, mediator and


arbiter. Founder of one of the biggest law offices in
Macedonia “Markovska & Andrevski” Skopje (established in
1997). President of the Macedonian Society of Construction
Law. With more than 20 years of experience in the area of
foreign investment, corporate law and industrial property rights,
legal advocacy and legal counseling in court procedures and
conduct procedures of arbitration and mediation. Expert on
foreign investments with extensive experience in
establishment and development of trade companies, with
extended knowledge and practice in international investment and
merger and acquisition procedures.

Vlatko Mihajlov

Vlatko MIHAJLOV is a Bachelor in Science Civil Engineer and


also a Chartered Quantity Surveyor with extensive domestic
and International practical experience in Contract and Claims
administration. Currently engaged on the largest Construction
sites in the Balkan region, Construction of Highway Bar- Boljare in
Montenegro, where acting as a Contract and Claim Expert in behalf
of the Engineer- INGEROP- France. Vlatko specializes in Claim
Management, Planning and Programming, Delay and Disruption
of works, and has extensive International experience with various
design and build contracts. Vlatko has worked on or carrying out
services for projects in Macedonia, Croatia, Bulgaria, Albania,
Kosovo, Montenegro, Qatar, Nigeria and Afghanistan, India.
WHO SHOULD ATTEND?

The training seminar provides the essential knowledge to lawyers, economists and construction
professionals who work at Construction Companies, State or Private Employer Organizations, Consulting/
Architecture & Engineering Firms, Sub-Contracting Companies, Lawyers, Financing Institutions, Insurance
companies and to those who are involved in managing international construction projects financed by
multilateral development banks.
PROGRAMME

8:00 - 8:30 Registration

SESSION 1 (8:30 - 10:00)


Introduction - Principles - Evolution of FIDIC Contracts:
• FIDIC: Organization and Background
• Evolution of FIDIC Contracts (1987 Versions through 2017 Editions)
• Structure of 1999 FIDIC Suites of Contracts & Revisions in 2017 2nd Edition
• Questions and Answers

10:00 - 10:30 Coffee Break

SESSION 2 (10:30 - 12:00)


• Use of FIDIC Contracts in Macedonia and the Region
• Common Problems Encountered in Construction Projects (from the perspective of Contractors, Employers,
Engineers, Lawyers)
• Issues relevant to Project Start-up, Commencement, Progress, Payment, Taking-over, Termination, Claim
Procedures, Dispute Resolution (Such as Late Commencement of the Works, Site Possession vs Site Access,
Under-Certification of Payments, Reducing Rate of Work, Reasonable Periods, Engineer’s Power to alter the
Contractor’s Sub-Clause 8.3 Programme, Claim Procedure and Detailed Particulars for Claims, Employer’s
claims, Formalizing Contractual Dispute)

12:00 : 13:00 Snack Break

SESSION 3 (13:00 - 14:30)


• Considerations towards Successful Resolution of the Common Problems
• Understanding the Roles, Responsibilities and Liabilities of the Parties and the Engineer
• Understanding the Importance of Works Programme

14:30 - 15:00 Coffee Break

SESSION 4 (15:00 - 16:30)


PANEL DISCUSSION (Claims, Disputes and Arbitration)
• Notice of Claim, SC20.1 Time Bar
• DAB – Dispute Adjudication Board (Role, Duties, Qualifications, Practical Information on How DAB operates)
• Arbitration
• Questions & Answers

Important Note: The Course will be presented only in English language

• Throughout the seminar, there will be opportunities for questions, Sample Cases to be studied and interactive work exercises involving different contract
clauses and circumstances.
• Training Seminar Fee includes snacks, coffee/tea breaks, tuition, attendance certificate and documentation.
REGISTRATION FORM Terms and Conditions
MANAGEMENT OF CONSTRUCTION PROJECTS
UNDER FIDIC CONDITIONS OF CONTRACTS
“FIDIC 1999 VS. FIDIC 2017 EDITIONS” 1) SEMINAR FEE, REGISTRATION & PAYMENT RECEIPTS

The full fee is payable in advance in Euro or Macedonian denar and includes the
Including panel discussion on cost of all snacks, coffee/tea breaks, tuition, course certificate and documentation.
“TIME-BAR OF CLAIMS UNDER Please note that the registration process shall not be complete until the signed
Registration Form and Payment are received by us. Once both received, we will
MACEDONIAN LAW” confirm it with the registered delegate by an acknowledgement via email. We
reserve the right to refuse admission or withhold materials if payment is not
received and to adjust invoices to reflect changes in VAT if any.
on 7 June 2018
Companies and individual delegates are most welcomed to join Macedonian Society
at “Faculty of Social Studies - FON” of Construction Law by filling the membership form enclosed to this brochure in
Adress: Str. “Kiro Gligorov” b.b. 1000, Skopje Macedonian Language. Membership for the first year is free of charge.
Companies and delegates are most welcomed to support the work of MSCL by
Please complete in BLOCK CAPITALS; details to appear on name badges. sponsorship of the event.

Delegate & Company details:


2) CANCELLATIONS
Mr/Mrs/Miss/Ms
(First & Surname): Cancellations by delegates must be made in writing and received no. 1000, Skopje,
Macedonia later than 14 days before the seminar, in which event we will refund
Job Title: the fee less 50% cancellation charge to cover administration costs. After this date
it is regretted that no refunds of fees will be made and the full registration fee will
Company: be payable. For registrations made within two weeks of the date of the seminar, no
refund shall be made.
Substitutions may be made at any time.
Address:

Contry: 3) CANCELLATION BY ORGANIZERS

We reserve the right to cancel the event if it is under-subscribed or for any other
Telephone: reason. In the event of cancellation, we will refund the seminar fee in full. It may
also be necessary for reasons beyond the control of the Organizers to change the
Fax: Cellphone: contents, the tutors, the date or the venue of the seminar. In case of postponement,
registered delegates have the right to choose to attend the seminar on the new
Email: dates or to request for refund. Organizers shall not be held liable for any pre-booked
travel or accommodation costs in case of cancellation or postponement.

Registration Fee per delegate: See Terms of Reference

Payment Method: 4) HOTEL ACCOMMODATION

Delegates must arrange for their own hotel accommodation and payment thereof.
Bank Transfer payable to:

Makedonsko Opshtestvo za Gradezno Pravo


ul “Orce Nikolov 75” 1000 Skopje, Macedonia
5) BANK CHARGES AND TAXES
For Payment in:
All bank-charges for Wire Transfers or Deposits are the delegate’s responsibility and
EUR 330-1402773002-86 shall be invoiced to the delegate if it is charged to our account. All taxes shall be
MKD 330-1002773001-91 born by the delegates as an addition to the above seminar fees (Point 1).

Registration Fee: Company delegate(s) Individual delegate(s)

Members of MSCL 30 Euro 10 Euro • I have read and accept the above Terms and Conditions.

None-members 60 Euro 30 Euro


Name:
How to Register
Job Title:

Signature:
By Email: E-mail completed Registration Form to: contact@mscl.org.mk
For any questions, please call (+389) 75 386 001
By Phone: Phone us to start registration process at (+389) 75 386 001
e-mail: contact@mscl.org.mk
Makedonsko Opshtestvo za Gradezno Pravo
ul “Orce Nikolov 75” 1000 Skopje, Macedonia
Tel: (+389) 75 386 001
E-Mail: contact@mscl.org.mk

MC2 MODERN International Construction Consulting Corporation


Saray Mah. AKKOM Ofis Park CESSAS Plaza 2. Blok Kat.10 Umraniye,
Istanbul, Turkey
Tel: +90 216 250 3234 / +90 216 515 3420
E-Mail: info@mc2modern.com

M&A LAW OFFICE


ul “Orce Nikolov 75”
1000 Skopje, Macedonia
Tel: +389 2 3129 240; +389 75 500 000
E-Mail: contact@m-a.mk

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