Challenges/Use of FIDIC and JVs for success in Business by Dr Punit Sethi Phd

Workshop

Introduction The acronym FIDIC stands for Fdration Internationale Des Ingnieurs-Conseils, French for the International Federation of Consulting Engineers. FIDIC terms and conditions are becoming essential for business in India and abroad. Without knowledge of FIDIC, any Business Group remains on a disadvantageous position. Most growth outside Europe has taken place since the Second World War, with developing countries particularly being encouraged to join International Business. FIDIC now represents most of the private practice consulting engineers in the world. Members comply with a code of ethics guiding their professional standards. FIDIC works to promote the common interests of consulting engineers with the national associations and international financial institutions (such as the World Bank). Following FIDIC is essential in most of the International Projects/Business

especially if funded by World Finance Bodies like World Bank or Asia Development Bank. Similarly JV or Joint Venture is also becoming most essential for success and for enlarging business areas. The most important factor is to be understood that JVs are not only for improvement of products/services but also to compete in various tenders as per requirement of technical qualification and also financial ualification. JV is a business agreement in which parties agree to develop, for a finite time, a new entity and new assets by contributing equity. They exercise control over the enterprise and consequently share revenues, expenses and assets. There are other types of companies such as JV limited by guarantee, joint ventures limited by guarantee with partners holding shares. A good Joint Venture agreement is one which provides a comprehensive road map of the duties and obligations of both the parties. It minimizes complications when a dispute arise. However, many a times people neglect to pay attention while drafting an Joint Venture agreement.= leading to dispute and arbitration.

Workshop Schedule Session 1 : What is FIDIC > What is FIDIC? > Characteristics of FIDIC Conditions of Contract > Application Prospect of FIDIC Conditions of Contract > New development of FIDIC Conditions of contract > Use of Books like Red Book, Yellow Book etc in FIDIC > FIDIC Rainbow Session 2 : FIDIC Conditions  Legal System : English and International Standard Forms of Contracts  Understanding FIDIC: A Civil Law Approach  FIDIC Contract Documents  Various Contract Laws of the World  Employee Duties  Contractors Duties  The Role and Function of the Engineer Session 3 : FIDIC : Completion and Disputes  Time for Completion  Variations- in General, Clauses, Control  Tests Until Completion, ISO

 Certificates  Defect Liability (Post Contractual)  Termination, Claim, Dispute  A few Sample Documents of FIDIC

Session 4 : Joint Venture  Preparation  Partner Selection  Feasibility Study  Company Incorporation  Joint Ventures in India  Article of Association. Legal Aspects  Dos and Donts of JV  Sample

Objectives  1. To understand practical aspects of FIDIC and JV which are applicable to the organization where they are working  2. To deal with important legal issues while managing the FIDIC Contracts and JVs.  3. The participants would be provided techniques to deal with the situations which may come in their day to day life with special reference to the work place.  4. The participants would be given Dos

and Donts which are essential for JV (in view of rule conditions of most of the clients) and also dispute management in FIDIC Contracts  To acquaint participants about International Contact System to be successful in International bidding and execution.  To acquaint participants about best practices of contracts in International Business (also to del with International Client/Consultant/Contractor/Vendor/Supplier ) Experience Sharing and Question Answers Target Audience The programme will benefit: Senior Management, Engineers, Finance, Accounts, HRD, Admin Department and all those who are concerned with Contacts, Joint Ventures, Construction, Administration, Dispute Decisions. Faculty Dr Punit Sethi A TECHNO -COMMERCIAL EXPERT WITH BTech, MTech, MSc, MBA, Doctorate in BUSINESS MANAGEMENT AND WITH 30 YEARS EXPERIENCE IN INDIA & ABROAD.

Specialties Finance, Highways, Real Estate, Nuclear/Thermal Power, QA/QC, QMS, Lead Auditor ISO:9001-2008,14001, OHSAS, 18001 IMS, Environment, Marketing, Fellow of Institute of Engineers( FIE), Fellow of Institute of Valuers (FIV), Member of Indian Roads Congress ( MIRC), member of Indian Buildings Congress (MIBC), Chartered Engineer- CE (I), Member American Society of Civil Engineers, Qualified on (NDT-Non-Destructive Tests), Tunnels, Airports, SEZs , Sea Ports, JVs, MLCPs, Malls, Five Star Hotels, IT Parks, Soft Skills, Human Relations, Social Media............... Visiting Faculty Amity University, Many Engineering Colleges, Guest Speaker various Universities including IIM and National/International Management & Infrastructure Forums, regularly. Written books and articles on TQM, Corporate Governance, Construction Technology, Social Media/Corporate Communication, Project Management and even fiction. Latest book Luv U Mate released by Honble Shri Kapil Sibal, Minister of HRD, Communication & IT, Government of India

Dr. Punit Sethi B.Tech, M.Tech, M.Sc, M.B.A, PhD F.I.E, F.I.V, M.I.R.C M.I.B.C, CE(I) Lead Auditor ISO 9001:2008, IMS (EMS 1001, OHSAS 18001) N.D.T (RT, UT, MT, PT) Member American Society of Civil Engineers Member American Society of Quality

Quality in Construction
0930h-1100 ... Overview of QMS (Quality Management System), ISO9001 and Construction Management Characteristics, Quality Culture, Quality Pledge/Policy 1100-1300 ... Field Quality Plans (FQP), Quality Assurance Plans (QAP) and other Quality Practices for Construction Sites including Organization, Non Conformities Monitoring, Vendor Control

1300-1400 ... Lunch (with Assignment based on Quality documentation; Syndicate wise/Group wise)

1400-1630 ... Site Material Quality Checks for Civil Engineering, Use of Non Destructive Checks to include Radiography, Ultra Sonic Tests, Magnetic Particle Tests-awaremness and use, Essential Electrical Quality Checks, Trade Tests 1630-1730h ... A Practical Case Study involving all disciplines co-relating with Inhouse Company's Projects..+ Question/Answer