02-day online training course on FIDIC contract “Model Services Agreement between Client/ Consultant – White Book 2017” organized by Vietnam Engineering Consultant Association in 04-05 March 2022 .
The content of the training course focused on highlighting issues that need to be taken into account when applying the “Model Services Agreement Client/ Consultant” issued by FIDIC fifth Edition – 2017 White Book, and the “Sub- Consultantcy Agreement”, “Model Joint Venture (Consortium) Agreement between Consultants” second edition of FIDIC, 2017. This is a set of Agreement form that are of great interest to international financial institutions, Clients , Contractors and especially Consultants due to its intended use.
“Model Services Agreement Client/Consultant – White Book 2017” is used for typical purposes such as:
– Consultant as Engineer in FIDIC’s construction Contract (e.g. Conditions of Contract for Construction – Red/Pink Book; Conditions of Contract for Plant and Design – Built /Yellow Book; Form of Contract for Dredging and Reclamation Works – Blue Book; Conditions of Contract for Underground Works – Emerald Book 2019…);
– Consultant in the role of Designer for the design – built Contrator.
– Consultant with the role of providing Support Services, Project Management, Technical Management…
The “Sub-Consultancy Agreement” 2017 has the same structure as the “White Book 2017” but can be used with or without the “White Book 2017”. This is the second edition of the FIDIC form of this agreement.
The “Model Join Venture (Consortium) Agreement” 2017 is suitable when the JV Members are forming an unincorporated JV (Consortium) to implement the Service Agreement/Contract with the Client. The Book deals with the allocation of responsibilities between the Parties in the JV/Consortium, financial contributions and financial management regulations, the management framework in the JV/Consortium, the mechanism for dealing with a breach by a Member, the mechanism for resolving Dispute Resolution in the Joint Venture…
The training course focused not only on the general structure of the FIDIC contract forms, the principles of effective application, and the focus on the General Conditions, typical Annexes of the 03 Model Agreements and mechanisms for Dispute Resolution , … but also mentions some comparison notes with Vietnamese law related to consulting contracts such as professional liability insurance, intellectual property, compensation, etc.
In the course, some practical examples of international disputes are referred to in order to clarify the obligations of “fitness for purpose”, the obligation of “reasonable skill and care” when implementing present the Consultant’s Services. Along with, a number of test questions about the White Book were exchanged in order to better understand the training content.
At the end of the training session, the participants studied “FIDIC Guidance Memorandum – COVID-19 impact to the Consultant’s Services under the FIDIC suilt of Contracts & Agreement” issued in September 2021, consider applying the provisions of different FIDIC contract Form when dealing with pandemic related matters.The research section has answered many questions and current dilemmas when many consultants at projects are affected by the epidemic.
