Using FIDIC Contracts to Manage Time and Design Risks

Event Date:September 21, 2011

As the world faces growing pressures from increased rates of urbanization, an estimated USD65B needs to be spent each year for next 5 years in East Asia and Pacific [6.2% of GDP] on electricity, roads, rail, water, sanitation and telecommunications. The successful completion of quality infrastructure projects in a timely and cost effective manner can only be achieved by using effective forms of contract and by engaging contractors with the required level of experience, expertise and resources.

Procurement strategies for infrastructure projects must be developed and managed to ensure that
predictable outcomes can be achieved, wherever possible, in the challenging environments that
typically occur with construction projects.

Procurement strategies for infrastructure projects must be developed and managed to ensure thatpredictable outcomes can be achieved, wherever possible, in the challenging environments that typically occur with construction projects.

FIDIC conditions of contract have been used successfully throughout the world for many years and these documents have greatly assisted in providing greater certainty on many issues of risk under different forms of legal jurisdictions in many different countries and project environments, and the lessons from these experiences can provide significant benefits to projects in Thailand when the right conditions exist.

Explaining the use of FIDIC conditions of contract is a wide and complex topic, but the intent of this presentation is to briefly explain the context of when to use the more popular forms of the FIDIC conditions of contract, with a focus on explaining some aspects of managing time and design issues.


Mr. Tim Kelly is consulting to a variety of major companies in Australia on several challenging projects requiring a mix of mentoring, corrective guidance and recovery techniques to achieve desired outcomes in a deteriorating economic climate.  The type of businesses currently range from complex electrical infrastructure projects to large mining projects, with a total capital value exceeding USD6 Billion. The issues involved extend across planning issues, contractual issues, technical requirements and government legislation.

Early in his 35 year career, Tim used his planning and management expertise together with strong negotiating skills and industrial engineering experience to develop and implement a range of innovative solutions to recover troubled projects involving new technology in high speed packaging and large complex fiberglass structures. Training and experience gained in contract law and evolving alliance agreements allowed Tim to then successfully adopt his trouble shooting expertise to recover difficult projects in ship repair, mining and electrical infrastructure.

As a volunteer, Tim has applied his mentoring and troubleshooting skills to consistently deliver outstanding results in another arena – that of women’s field hockey. Since 2002, Tim has enjoyed remarkable successes in Australia by guiding teams to win a series of gold medals at both national and international levels. In 2007, he coached Thailand’s national women’s team to achieve their best ever international results increasing their world ranking from 55th to 31st in the world and becoming one of Thailand’s most successful international teams ever.

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