Training on FIDIC Contracts at Coteccons

On 10 and 11 May 2024, CNC is honored to host a training course on FIDIC Contracts for one of the most prominent construction contractors in Vietnam  – Coteccons Construction Joint Stock Company

Partaking in this Training Course on FIDIC Contracts are more than 20 upper-echelon executives from Contract Department, Tender Department, Legal Department, Construction and Cost Management Department (CCM) and important projects currently under implementation by Coteccons Construction Joint Stock Company.

This Training Course on FIDIC Contracts provides the partakers with knowledge and shares of practical experience pertaining to the application of FIDIC Contract Templates in Vietnam, such as the FIDIC Conditions of Contract 1999, First Edition, the 2017 FIDIC Suite of Contracts, Second Edition and FIDIC Conditions of Sub-Contract 2011.

FIDIC Training Course focuses on core issues pertaining to:

• The exclusive features of FIDIC Contracts;
• The principle of applying each FIDIC Contract template to each separate Project;
• The purpose of applying FIDIC Golden Principles in the drafting of Particular Conditions;
• The foundational difference between the FIDIC Conditions of Contract 1999 and the 2017 FIDIC Suite of Contracts;
• The bases, principles of application of FIDIC Condition of Sub-Contract 2011.

Not only that, as Coteccon applies many templates of FIDIC Contracts to almost all of their undertaken Projects, CNC are required to provide solutions to questions, situations that Coteccons have to deal with on a frequent basis such as:

• The effect of using (different) derivative terminologies in comparison to FIDIC Contract’s terminology;
• The potential legal consequences of using low-quality translation of FIDIC Contracts;
• The solution to the conflict of ruling language, when the ruling language of the Contract is Vietnamese while the General Conditions opt for English as the ruling language.
• Differences of the two phases: Notice of Claim and Submission of Claim;
• Drafting of Claims for Cost, Claims for EOT;
• Solutions to issues pertaining to VO such as: The extent of Contractor’s obligation toward the Engineer’s instructions on VO; Assessment of VO’s value; Contractor’s rights upon disapproval of VO.
• Principles and Advice on the placement of Documents Priority;
• Differences between Variations and Adjustments per FIDIC Contracts;
• Note on Price adjustments of Lump sum Contract and Unit price Contract;
• Issues pertaining to subcontracting work such as back-to-back and pay-when-paid payment clauses in Subcontracts;

Throughout 2 days of the training course, the trainees were able to directly solve 15 different practical exercises/questions. This was an interesting experience for the trainees since they had to comprehend the provisions of FIDIC Contracts as well as applying them to each specific exercise/question.

This Training Course on FIDIC Contract is also an opportunity for CNC to listen to the trainees’ experience of using FIDIC Contracts. Among them, there are some situations that many trainees as well as FIDIC users find troubling such as:

• The selection of FIDIC Yellow Book over FIDIC Red Book and vice versa.
• Use of FIDIC Silver Book as a means to transfer full risks to Contractor while the particulars of Project only demand the use of FIDIC Yellow Book.
• Belated issuance of Notice of Claim in accordance with the Contract.
• Engineer’s delay in issuance of Determination.
• Mistakes in invocation (reference) of inappropriate Clauses/Sub-Clauses to apply to specific events, situations
• The Engineer’s Role in Dispute Prevention and Resolution per FIDIC Contracts 2017.
• Submission of Final Account documents upon the handover of Construction/Project
• Calculation of Retention Money for the drafting of Final Account documents.

Mr. Le The Hung, Mr. Tran Pham Hoang Tung and their assistant – Ms. Kieu Nu My Hao directly gave their lectures and answered the doubts of trainees throughout the training course.

The positive feedbacks from attending trainees are the main motivations for CNC. We hope that after the training courses, Conteccons’s personnel would make better use of FIDIC Contracts in ongoing Projects, thereby reducing the possibility of legal risks.

Based on this Training Course on FIDIC Contracts, CNC and Coteccons shall have further exchanges on more in-depth Training Courses on Contract (depending on the circumstances). Examples of topics that future training courses shall cover are: Techniques for the preparation and submission of Extension of Time for Completion Claims; FIDIC Contracts Management Tips and Advice on Dispute Resolution in Construction Contracts in general and FIDIC Contracts in particular.

Memorable moments of the Training Course on FIDIC Contracts

More Information

The organization of Training Course on FIDIC Contracts for Coteccons Construction Joint Stock Company has further consolidated CNC’s leading position in providing FIDIC Contract Training services to prominent Contractors, Employers, Engineers in Vietnam.

In fact, throughout the many years of operation, CNC has provided FIDIC Contracts Trainings for Dinh Tan Construction Investment Corporation, Dai Dung Metallic Manufacture Construction and Trade Corporation, Supercorp Joint Stock Company, COFICO Construction Joint Stock Company, PetroVietnam Gas Joint Stock Corporation, Eurowindow Joint Stock Company, Kurihara Vietnam Co., Ltd, BK Asia Pacific (Vietnam) Limited, VDB LOI Myanmar Law Firm, AA Corporation, Boho Décor, Central Construction Joint Stock Company *Centralcons), VISIP Singapore and many other individuals, organizations from all over the country.

CNC hopes more Training Courses on FIDIC Contracts 1999, FIDIC Contracts 2017, FIDIC Contracts for Subcontractors 2011, FIDIC Contracts for Subcontractors 2019 would be held so that FIDIC users in Vietnam and FIDIC Contracts become more popular, thereby reducing the possibility of disputes and ensuring the benefits of parties to contracts.

Should the idea of a Training Course on FIDIC Contracts pique your interest, please contact us via email: contact@cnccounsel.com or phone: +84 028 6276 9900, hotline +84 0916 545 618

We ensure that our services are a good fit for your demand.