A Practical Guide To Important FIDIC Contractual Issues:

This Event Will Be Chaired By His Lordship

LATEST Legal Update: (FIDIC and Other Forms of Contract)

Debate

Mock Arbitration

FREE Networking Cocktail Party (Sponsored By Schoenherr)

A Full-Day Event (09:00—18:00 Hrs)

Location: Novotel Bucharest City Centre Calea Victoriei 37B - Sector 1 Bucharest, Romania

“FIDIC – Sub-Clause 20.1 – The “Use” and “Abuse” of Time-Barring Clause to defeat Contractor’s Claims: Should it be Enforceable?”

The Outcome Of The Debate Will Be Decided By The Attendees Via !

representing in alliance with

To Register For The Masters Conference, Please Contact Us At: Email: office@primeconsulting.eu Phone: +48 227301417 or +48 500199154

Sir Robert Akenhead Will Act As A Barrister Cross-Examining An Expert Witness!

This Masters Conference Is Essential For All Professionals Operating In The Real Estate & Construction Industry

Including Contractors, Investors, Engineers, Lawyers, Consultants, Bankers & Others

What are the legal issues that arise with the Works? Presentation of a case study from a FIDIC based public procurement contract in Romania

Can the Contractor take legal action for recovery of ?

Can the Employer take legal action against the Engineer/Designer for delaying the Contractor due to

of the Contract (e.g. late issue of technical documents to the Contractor etc.)?

Main claim clauses – – Particular problems with - Impact of Obrascon Huarte decision (1st instance and Court of Appeal) – – -

If a contract is delayed by the Contractor, can the courts his contractual liability towards the Employer for

if the Employer does not suffer any loss or suffers a loss lower than that anticipated

by the contractual provisions for damages/penalties?

Sub-Clause 4.12 - Challenges facing Romanian

infrastructure projects and suggested approach(es) to deal with the same

Under Romanian Law, can a contractor be held liable for even though he did not have any design

obligations under the contract? E.g. Cracks in Asphalt, unreasonable wear and tear of roads (potholes) etc

What is the Contractor’s liability for failing to comply with the requirements of the specification when it is /take down and rebuild the defective works?

“FIDIC – Sub-Clause 20.1: The “Use” and “Abuse” of Time-Barring Clause to defeat Contractor’s Claims: Should it be Enforceable?”

Main clauses related to claims:

Clauses 1.9 (Delayed drawings/instructions/Errors in the Employer’s Requirements,

2.1 (Late access/possession),

4.7 (setting out errors),

4.24 (discovery of antiquities),

10.2 (premature take-over of Works),

10.3 (interference with Tests),

17.4 ( Employer’s Risks) and

19.4 (Force Majeure)

Variations Acts of prevention Termination

What is it and how this important issue could affect your claim. How does FIDIC contractually deal with this complex issue.

Proving EOT claims by using Delay Analysis – A practical demonstration of Impact Analysis in Primavera P6.

17:30: FREE NETWORKING COCKTAIL PARTY

Sir Robert Akenhead was called to the Bar in 1972 and practiced from what is now Atkin Chambers from 1973 until 2007. He was made a QC in 1989 and was a recorder from 1991. In 2007 he was made a High Court Judge sitting in the Queen's Bench Division and in particular in the TCC. From September 2010 for three years he was the judge in charge of the TCC.

His practice as a barrister was almost exclusively in construction and engineering and he was involved in numerous cases in the Official Referees' Court, now the TCC, as well as in arbitration. His work took him all over the world to places such as Hong Kong, Singapore and many parts of Europe with the most memorable trips being too Fiji, Australia, South Africa, Indonesia and the West Indies.

He is the author of several books, Site Investigation and the Law and Technology and Construction Court Practice and Procedure as well as being, since 1999, a joint editor of the Building Law Reports.

"Sebastian Guţiu remains a well-regarded real estate lawyer, acting on various complex advisory and contentious real estate matters. "Chambers Europe - 2015 Edition Sebastian Guţiu is the managing partner of schoenherr Bucharest. He coordinates the real estate and the litigation and arbitration team. Sebastian has been counselling major Romanian and international companies in relation to projects varying from international arbitration and domestic litigation (on a multitude of matters such as administrative complaints, debt recovery, insolvency, real estate, employment and other) to real estate development and transactions. Sebastian has extensive experience working with companies active in the real estate, energy and oil & gas industries, as proven by the very good reputation he has locally and abroad. In 2013 Sebastian received an award from a prestigious Romanian law publication for excellence in management.

Robert is an attorney at law and Associate Partner at Reff & Associates, having more than 15 years of experience. Robert is an experienced real estate lawyer assisting clients in deals having a total value of circa EUR 1 billion. Since joining Reff & Associates in 2009 Robert has been involved in some of the largest real estate deals in Romania. He has been involved in numerous real estate mergers and acquisitions and has provided assistance to clients in a wide range of real estate projects – retail, office, logistic and residential during development, acquisition and operational phase. Another area in which Robert has extensive expertise is construction law, in particular in preparation, negotiation and administration of FIDIC conditions of contract.

Silvia Opriș is a partner of Schoenherr Romania, specialized in real estate and construction law and related disputes. Since joining Schoenherr in 2006, Silvia has acted for international and domestic clients in a wide variety of real estate development projects. Projects successfully completed by Silvia include the acquisition of greenfield and brownfield properties throughout Romania, the construction of industrial facilities, infrastructure and renewable energy parks (wind, solar and hydro energy) as well as the acquisition and lease out of office and retail premises. Silvia has also successfully represented clients in construction disputes before Romanian courts, as well as domestic and international arbitral tribunals. She is now advising a major retailer in the development of their supermarket chain throughout Romania and is representing a leading European engineering company in a multi-million dollar ICC construction arbitration, alongside the Schoenherr Dispute Resolution Practice Group based in Austria.

LEGAL 500 EMEA 2014 CORPORATE M&A Tier 1: Serban Patriciu is a ‘very clever’ lawyer. Key qualifications:

Solid practice in all type of mergers and acquisitions projects ranging from small, privately negotiated transfers of shares or assets to major takeovers in important industry fields

Providing legal assistance to major clients on various banking and other financial transactions (loan facilities, factoring, swaps, hedging, leasing, etc.)

Legal advice of various capital markets operations focused on assisting issuers and underwriters in capital-raising transactions, initial public offerings, legal assistance pertaining to clients' communications with their public markets and their disclosure and reporting obligations in relation with the regulatory authorities

Legal counselling in a wide range of general and specific corporate commercial matters, including sophisticated incorporation projects, corporate governance, companies’ reorganization and liquidation

Solid practice in real estate, assisting commercial centre developers, residential developers as well as office developers in all matters related to their investment (acquisition of land, bank financing, contractor agreements, lease, sale etc.) and assisting both developers and financing entities in negotiating various financing arrangements, including financial leasing agreements (sale & lease back transactions)

Involvement in major privatization projects in the main areas of the industry, from the energy sector to aluminium industry, taking part in all proceedings and actions which are related to this area; legal assistance pertaining to post-privatization matters, including companies general reorganization

Raj Has More Than 20 Years Of Commercial/Claims Management Experience On Iconic Projects Such As The Historic Limerick Tunnel PPP Scheme In Ireland, The Prestigious Zlote Tarasy & the A1 Highway Project In Poland, The Landmark Gazprom Tower In Russia, The State Of The Art Media City In Egypt And Various Other Projects Across Europe, Russia/CIS, Asia, Africa, Middle-East & The Far East. Raj Holds Dual Qualifications In Engineering And Law; Raj Has Degree In Civil Engineering And Is A Member (MCIArb) Of The Chartered Institute Of Arbitrators (UK), SIDiR (FIDIC National Member Association – Poland), SCL (Society Of Construction Law – UK), DRBF (Dispute Resolution Board Foundation – USA). Raj Has Also Held Memberships With The RICS (Royal Institution Of Chartered Surveyors - UK), CIOB (Chartered Institute Of Building - UK), The AACE (Association For The Advancement Of Cost Engineering - USA) And APM (Association For Project Management - UK). In November 2013, N.M.Raj Cooperated with FIDIC (Fédération Internationale Des Ingénieurs-Conseils) As An External/ Independent Claims Expert To Present FIDIC’s First Ever Online Seminar On Construction Claims. The Seminar Was Extremely Successful And Over 450 Delegates Registered For The Event.

In 2012, Sir Robert Akenhead handed down judgement in the case of

We are pleased to announce that The Hon. Mr Justice Akenhead was the primary speaker at our Masters Conference in Dubai on the 29th of October 2015

For The First Time in Dubai, One of The Top Delay Analysts in the UK,

Lead Our New Master Workshop On Delay Analysis. This Event Was Chaired By N.M. Raj. Click HERE to view the brochure.

TONY BINGHAM (http://www.tonybingham.co.uk/)

Top Delay Analysts in the UK, IAN ROBINSON,

Expert Delay Analyst For Walter Lilly – Walter Lilly v Mackay 2012 Lead Our New Master Workshop On Delay Analysis.

Please Note That The Number Of Delegate Spots Is Limited. Therefore, Please Do Not Make Any Payments Until Your Reservation Has Been Confirmed By Prime Consulting; We Apologise In Advance For Any Inconvenience This May Cause. Please Call Our Representative At +48 500 199 154 To Check For The Availability Of Seats And Confirm The Registration Prior To Making Any Payments. You May Call Us At: +48 22 7301417, Mob: +48 500199154

office@primeconsulting.eu:

(Includes Networking Cocktail party):

Early Registration Fee: From 14th April until 29th of April 2016: 199 EUR From 30th of April until 15th of May 2015: 249 EUR Late Registration Fee : From 16th of May until 23rd of May 2016: 299 EUR Last Date For Registration is 23rd of May 2016

Free Networking Cocktail Party Included In The Fee

(Including 7 Hours of Professional Development Hours/Credits).

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Email: office@primeconsulting.eu Tel: +48 22 7301417 Mob: +48 500199154 Website: www.primeconsulting.eu

1. Bank Charges For Funds Transfer – To Be Paid By The Buyer. 2. Payment Should Be Made In Advance Of The Event. 3. Cancellations May Be Made Up To 14 Working Days Before The Event; After This, We Regret To Inform You That

Cancellations Are Not Possible. However, A Replacement Delegate May Be Sent In Place Of The Registered Delegate. The Name, Position And Company Of The Replacement Delegate Must Be Submitted For Approval To Prime Consulting In Advance Of The Event. In General, We Reserve The Right To Decline Registration Of Any Delegate We Consider To Be Associated With Our Competitors.

4. In The Unlikely Event That The Masters Conference Is Cancelled, A Full Refund Of The Registration Fee Will Be Processed. Please Note That Prime Consulting Will Not Be Responsible For Any Other Costs That May Have Been Or Will Be Incurred By Registered Delegates In Relation To The Master Workshop.

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Without Signature).

Strabag, Hochtief, Bilfinger Berger, Skanska, Porr, Bouygues, Eiffage, Laing O’Rourke, BOG’ART, Trilux, Mota-Engil, Parsons, Leighton, Mercury Engineering, SRB Civil Engineering, Veolia Water Systems, Larsen & Toubro Ltd., MWH Global, Johann Bunte, J.W. Construction, Polimex-Mostostal, Euroholding, Alec - Al Jaber, Murray & Roberts, NDI, Sisk, Cleveland Bridge & Engineering Middle East, Polnord, Budimex, SC Danya Cebus, Tancrad, Profiles RH LLC, Ramaco (Qatar), Kinnarps, United Precast Concrete Dubai (BPC Group), S.C. S+B Plan & Bau, Shapoorji Pallonji International FZE, Nilona Holding (Onyx Group), Site Group for Services and Well Drilling Co. Limited (BAUER Group – Jordan), Murray & Roberts Contractors, Van Oord

Clifford Chance, Linklaters, DLA Piper, White & Case, Eversheds, Baker McKenzie, Miller-Canfield, Chadbourne & Parke, Gide Loyrette Nouel, Kinstellar, Schoenherr, Noerr, Wolf Theiss, Beiten Burkhardt, Norton Rose, Hogan Lovells, Holman Fenwick Willan, Wragge Lawrence Graham, Patton Boggs LLP, Reed Smith, Akin Gump Strauss Hauer & Feld LLP, TGC Corporate Lawyers, Trowers & Hamlins LLP, Freshfields Bruckhaus Deringer, Vernon David (Firm Recommended by Legal500), Nestor Nestor Diculescu Kingston Petersen (Firm Recommended by Legal500), Stalfort, SK&S Legal (Firm Recommended by Legal 500), BSJP (Firm Recommended by Legal500), Gessel (Firm Recommended by Legal500), Al Tamimi And Company (One Of The Top Law Firms In Dubai), Al Busaidy Mansoor Jamal & Co. (One Of The Top Commercial Law Firms In Oman), Ceparu & Irimia, Musat si Asociatii (Top Romanian Law Firm as Per IFLR 1000 Ranking In 2014 also Recommended by Legal500), Popovici Nitu & Associates (Firm Recommended by Legal500), Margarit Florov & Partners, BWW, Voicu Filipescu & Partners (Firm Recommended by Legal500), Wardyński & Partners (Firm Recommended by Legal500), Drzewiecki Tomaszek & Partners (Firm Recommended by Legal500), Davidson & Co Legal Consultants, King & Wood Mallesons (MENA) LLP

Westdeutsche ImmobilienBank, BZ WBK, Bank Aaeral, ING, AIG, Chartis

Pricewaterhouse Coopers, Deloitte, Obermeyer, KPMG, Tebodin, EC Harris, Europtima, Segece, Europolis, Hill International, Arcadis, Ove Arup, Bovis Lend Lease, Gleeds, Egis, Fluor, Vamed, Halcrow International Partnership, Thales, WS Atkins, Jones Lang LaSalle, Davis Langdon, Sentient, Stewart Title, MWH UK, Turner & Townsend, Nabih Elias Azzam & Partners, PM Group, King Sturge, H & J Martin, Louis Berger, Optim PM, QSI Management Consultancy, Royal HaskoningDHV, Green Energy Consultancy, Quantum Global Solutions

Kajima, Immorent, Immofinanz, ProLogis, Mayland, Apsys, Helical, Grupo Lar, Baneasa Developments, Sonae Sierra, Ghelamco, Kulczyk Holding, Celtic, Quinlan Private Golub, AIG Lincoln, Nordic Development, IMS Park Development, Hypermarche, IKEA, Decathlon/Roumasport

Chapman Taylor

"Highly recommended. The subject of claims simplified in a very realistic and practical manner."

“Without a doubt, the best seminar of its kind in all of Europe. You will have a much better understanding of the intricacies of FIDIC and construction disputes.”

“A great workshop, a perfect combination of theoretical knowledge and practical examples; I really appreciated it”.

“Raj’s construction claims seminar can make the difference when you are involved with preparing a construction claim. The seminar had a multitude of real life case studies & workshops which were very practical and also involved key legal principles. I strongly recommend it to legal, technical and acquisition specialists.”

“I think it's definitely the best workshop on FIDIC I have attended so far. As a lawyer specialised in FIDIC agreements, I can definitely say it was extremely useful for a much better understanding of the claims mechanisms. Thank you!”

“Without any doubt the master workshop produces results, offers in-depth study of construction claims topics and has been specifically developed to address the most relevant needs of today's claims.”

“The structure of the seminar was really well thought out. The interactive tools used generated lively discussions and I found this to be a highly effective method for sharing valuable information. The overall quality of the seminar was simply outstanding and I feel that I gained a much better understanding of FIDIC and construction disputes in a short space of time.”

“Informative as expected and I would like to attend seminars like this in future.”

“One of the best conferences I have attended!”

“Very interesting training!”

“Excellent hands-on training on Time/Cost/Concurrent delays. Fantastic!”

“Professionally delivered, with focus on the matter and in a great tempo. Involving the group in workshops keeps everyone’s attention high.”