MASTERS SEMINAR: THE NEW FIDIC 2017 CONTRACTS A Comprehensive, Independent Critique & Contractual/Legal Analysis (Red/Yellow Books)

Take The Lead In Gaining Specialised Knowledge & Expertise of FIDIC’s New Contracts Which Will Dominate The Construction Industry & Replace FIDIC 1999

Location: Bucharest / Date: 9th March, 2018 / Venue: Premier Palace / To Reserve, Email: office@primeconsulting.eu

After Almost 2 Decades, FIDIC Has Released A New Suite Of Contracts, Which Introduces Radical Changes To FIDIC 1999.

N.M.Raj will present an INDEPENDENT legal/contractual analysis and review of the FIDIC 2017 Contracts

Serban & Andreea, top Romanian Lawyers, will deliver lectures on key aspects of FIDIC 2017 from a local legal perspective

Key Topics Include:

FIDIC 2017: All critical issues you need to be aware of

Pros & Cons: An objective critique of the radical changes and new clauses

The “New Engineer”: Review of the Engineer’s significantly amended role/powers

The Employer: New risks and liabilities that developers/investors need to be cognisant of

The Contractor: Additional/Extensive contract administration & project management responsibilities

Reciprocity Between The Parties: New obligations/rights to promote collaboration

Amended Variation Provisions: Significant changes: “Cardinal Change” doctrine introduced but is it contractually effective?

New Time Bars: The new 28 day time bar may not be contractually effective – A legal analysis

New Claims Clauses/Procedures: A dissection of the enhanced claims provisions

Extensive Change To DAB Rules: DAAB (Dispute Avoidance/Adjudication Board) & Dispute Resolution….and Many More Topics including Termination, Risks/Insurance, Concurrent delays et al.

Over 50 Contractual Issues Addressed

Networking Opportunities At The Masters Seminar Will Be Unparalleled. Prime Consulting’s Previous Conferences Were Fully Booked Weeks Before The Event, So, Early Booking Is Recommended.

To Register, Please Contact Us At:

Email: office@primeconsulting.eu

Who Should Attend?

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

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

PANEL OF SPEAKERS (In Alphabetical Order)

SERBAN PATRICIU

Partner

N.M.RAJ Managing Partner

Prime Consulting

ANDREEA SECU Partner

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Agenda

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Handouts Include All attendees will receive:

Workshops in Excel/Word Quizzes & Flash Cards in Excel Interactive Flow-Charts Certificate of Attendance Presentation Slides

Outcome of Seminar On Completion, attendees will:

Gain a clear understanding of the variances between FIDIC 2017 & FIDIC 1999 Be able to identify the key duties and obligations of the Contractor, Engineer & Employer Understand key contract administration & project management duties of all parties

MASTERS SEMINAR PROGRAMME 09:00 – 09:30 Hrs - Registration & Networking, 09:30 Hrs – Commencement of Masters Seminar

CONTINUED ON THE NEXT PAGE

FIDIC 2017 v FIDIC 1999: An In-Depth Analysis Of The Substantial & Key Variances From FIDIC 1999

▪ Amendments to FIDIC's core structure/New definitions ▪ Introduction of new & mandatory contract administration procedures ▪ Additional obligations for both Parties (including advance warning notices) ▪ Substantially enhanced/increased contractual/administrative procedures ▪ Complex "deeming provisions" – 58 clauses contain deeming provisions v FIDIC 1999 (26 Clauses) ▪ Reciprocity of rights and obligations – new uncapped liabilities ▪ Key amendments to claims provisions, dispute resolution et al.

The Engineer: Significant Changes To The Engineer’s Role (Including additional Risks)

The FIDIC 2017 Engineer has several additional duties, functions and is obliged to administer the Contract in a manner, which is substantially different from FIDIC 1999. The changes include (but are not limited to):

▪ Deletion of contractual procedures from FIDIC 1999 and addition of new ones ▪ Additional project management functions – newly prescribed time limits for various functions ▪ Paradigm shift as far as the “decision-making process” is concerned ▪ Critical amendments to contract administration duties

The Engineer’s revised role is analysed in detail and advice given on what to do and what not to do

The Contractor: Massive/New Risks & Opportunities

▪ Additional triggers for termination / New options for the Employer to terminate (Incl. Immediate termination) ▪ Contractor’s indemnity requirements increased – FFP (Fit For Purpose) requirements changed ▪ Limits to raising questions about the Employer’s financial arrangements ▪ Claims: Enhanced and highly complex claims procedure – Additional requirements for Programme ▪ Loss of profit claims ▪ Crucial changes to insurance risks

It is critical for contractors to gain a clear understanding of the various complexities associated with new obligations and rights arising from FIDIC 2017.

The Employer: Introduction Of New Obligations, Liabilities And MAJOR RISKS

In FIDIC 2017, the Employer is obliged to take on a more “hands-on” role and be pro-actively involved in major contract administration, claims and project management issues.

▪ Employer’s Claims: The Employer must adhere to a strict procedure – Employer’s claims can be time barred ▪ Major issues arising from “Termination for Convenience” ▪ Critical amendments to “Fit for Purpose” obligations (Contractor designed works) – changed from FIDIC 1999. ▪ Contractor’s Claims: Significant new risks ▪ Contractor’s risks reduced for hidden defects ▪ List of risks expanded – E.g. Contractor has more options to terminate the contract or suspend works

Variations: Extensive Changes To Key Provisions

▪ Introduction of the “Cardinal change” doctrine but is it contractually effective? ▪ New possibilities for the Employer to omit works and have it executed by other contractors ▪ Claims: Significant changes to EOT procedures for instructed variations ▪ Additional possibilities for the Contractor to refuse variations ▪ Contractor has options to submit “Loss of Profit” claims

Claims Clauses/Procedures: New Complex, Prescriptive Claims Provisions A FIDIC 2017 compliant sample Notice template will be provided to all delegates

▪ “Claims” are now separate from “Dispute Resolution” and complicated procedural rules have been added ▪ Enhanced claims mechanism with multiple time bars and notification requirements ▪ Claims have to be “Fully Detailed” with additional condition precedent prerequisites ▪ Specified remeasured variance from estimated BoQ quantities would entitle the Contractor to an EOT/Payment ▪ New definition of “Notice” will cause additional problems for contractors ▪ The new 28 day time bar may not be contractually effective – A legal analysis ▪ A NEW 3rd category of claim has been introduced which will result in complex contractual/legal scenarios ▪ Key time bars may be waived

DAAB (Dispute Avoidance/Adjudication Board) & Dispute Resolution

▪ New Clause that deals specifically with dispute avoidance and resolution ▪ Enhanced mechanism for appointing DAABs. ▪ DAAB’s “informal assistance” to parties ▪ Unwaivable time bars introduced which are extremely risky for employers and contractors alike ▪ An analysis of the how to crystallise a dispute under FIDIC 2017 ▪ Enforcement of DAAB’s decisions augmented via new contractual clauses ▪ Arbitration rules amended

FIDIC 2017: Amended Provisions - Changes To Other Issues Which Will be Addressed

▪ Concurrent delays ▪ Payment ▪ Exceptional events ▪ Site Access - New Risks ▪ Design issues

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PANEL OF SPEAKERS (In Alphabetical Order)

Şerban Patriciu Partner

Key Qualifications:

He is a lawyer with depth knowledge and expertise in the real estate field, advising developers, contractors, banks and institutional clients in various matters related to financing, acquisition, construction, development, sale or lease of various projects.

Şerban has provided legal advice in a wide range of corporate and commercial matters, including sophisticated incorporation projects, corporate governance, companies’ reorganization and liquidation and has been involved in major privatization projects in various industries.

LEGAL 500 EMEA 2017 REAL ESTATE Tier 2 Şerban Patriciu is ‘very sound on all areas of real estate advice from construction contracts to closing procedures’

LEGAL 500 EMEA 2016 REAL ESTATE Tier 2 Şerban Patriciu provides ‘practical and prompt advice – it is a real pleasure to work with him’.

LEGAL 500 EMEA 2014 CORPORATE M&A Tier 1. Şerban is seen by its clients as a ‘very clever’ lawyer.

LLB, Bucharest University, Faculty of Law, 1998

155 Calea Victoriei, 1st District

Bucharest, Romania

(0040) 730 00 70 76

patriciu.re

PANEL OF SPEAKERS

(In Alphabetical Order)

N.M.Raj Managing Partner Of Prime Consulting And An Internationally Renowned Claims/Contracts Specialist (FIDIC & Other Contracts).

Raj Is The Author Of “Quick Guide To Construction Claims” (With Sales In Over 30 Countries) And The Creator Of The Highly Acclaimed Online Master Course In Construction Claims.

Raj Has The Highest Ranked Videos In The World On Google And YouTube For Construction Claims & FIDIC. Raj Has More Than 23 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 UK/Ireland, 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.

PANEL OF SPEAKERS (In Alphabetical Order)

ANDREEA SECU Partner

Key Qualifications:

Andreea has over six years of experience in real estate, concessions & public procurement, corporate/ M&A and commercial law matters, covering a wide range of industry sectors.

She is a PhD candidate specializing in the legal remedies of contractual abuse between professionals (Bucharest University, Faculty of Law, 2017).

Master Degree in Business Law, Bucharest University, Faculty of Law, 2012

LLB, Bucharest University, Faculty of Law, 2010

Maitrise in law, Collège juridique franco-roumain d’études européennes – Université Paris I Panthéon – Sorbonne, 2009

Our law firm provides pragmatic, creative and professional legal services, mainly in the real estate sector and strives to deliver comprehensible legal advice and refined solutions, with no compromise on quality, at fair project pricing, not based on hourly rates.

We specialize in real estate investments and divestments, real estate development and planning, zoning, construction, real estate financing, letting, leasing, real estate asset management, real estate mergers & acquisitions, concessions, expropriations and environmental issues.

Our expertise spans from offices to residential, from retail to hotels, from agricultural to forests, from warehouses to industrial, from infrastructure to historical monuments.

We are experienced in handling various related corporate and commercial legal matters, offering our clients the full range of legal services to achieve their real estate goals.

155 Calea Victoriei, 1st District

Bucharest, Romania

(0040) 730 00 70 76

patriciu.re

GALLERY - PREVIOUS SEMINARS (Photos and videos from our events are available on our website: www.primeconsulting.eu)

The Hon. Mr. Justice Akenhead is a Judge of The Technology and Construction Court In 2012, Sir Robert Akenhead handed down judgement in the case of

Walter Lilly & Co Ltd v Mackay [2012] EWHC 1773 (TCC), Which is probably the most reported case law in recent years.

We are pleased to announce that The Hon. Mr Justice Akenhead was the primary speaker at our Masters Conference in Bucharest on the 26th of May 2016 and in Dubai on the 29th of October 2015.

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GALLERY - PREVIOUS SEMINARS (continued) October 2014 For The First Time in Dubai, One of The 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. This Event Was Chaired By N.M. Raj.

May 2014 - N.M.Raj & Renowned Barrister Tony Bingham http://www.tonybingham.co.uk Joint Speakers At A Masters Conference In Dubai, 15th May 2014

GALLERY - PREVIOUS SEMINARS (continued)

N.M.Raj & Renowned Barrister TONY BINGHAM

In October 2014, For The First Time in Dubai, One of The 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. This Event Was Chaired By N.M. Raj.

REGISTRATION Important Note – Please Read Before Making Any Payment(s)

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.

To Make A Booking, Please Email The Following Data To office@primeconsulting.eu:

• Name of Company • Address of Company and VAT Number • Contact Person • Telephone • Email • Name and Position of the Delegate(s)

Masters Seminar Attendance Fee:

• Early Registration Fee: From 24th of January until 20th of February 2018: 199 EUR

• From 15th of February until 2nd of March 2018: 249 EUR

• Late Registration Fee: From 3rd of March 2018: 299 EUR

• Last Date For Registration is 6th of March 2018 (Depending On The Availability Of Seats)

Prices do not include VAT (VAT To Be Paid Locally By The Buyer – Reverse Charge).

Lunch And Three Coffee/Networking Breaks Are Included In The Fee.

All Attendees Will Be Given A Certificate Of Attendance (Including 6 Hours of Professional Development

Hours/Credits).

BANK ACCOUNT DETAILS: Name Of Bank: Alior Bank S.A. Bank Address: Lopuszanska 38D, 02-232 Warszawa, Poland Recipient: Prime Consulting IBAN: PL 11 2490 0005 0000 4600 8388 0881 SWIFT: ALBPPLPW

If you have any queries, please email: office@primeconsulting.eu

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TERMS & CONDITIONS: 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 Seminar 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 Masters Seminar.

5 In Case Of Any Unforeseen Circumstances Beyond Our Control, We Reserve The Right To Change The Content, Timing And/Or Venue.

6 Please Note That Audio/Video Recording Of The Seminar Is Illegal And Not Permitted. 7 The Buyer Agrees That The Invoice Will Be Issued By Prime Consulting In An Electronic Format (As A Pdf File

Without Signature).

THE VENUE:

Premier Palace

Bulevardul Ghencea Nr:134,

Sector 6, Bucuresti

As Of January 2018, Prime Consulting’s Limited Edition Events In Europe And The United Arab

Emirates (Dubai) Had A Combined Attendance Of Over 1000 Delegates From Top Companies

Operating In The Real Estate, Construction, Banking & Legal Sectors

The Following Are Some Of The Key Companies’ That Sent Representatives To The Master

Workshops & Conferences In Europe And The Middle-East

As Of April 2017 Prime Consulting’s Limited Edition Events In Europe And The United Arab Emirates (Dubai) Had A Combined Attendance Of More Than 1000 Delegates From Top Companies Operating In The Real Estate, Construction, Banking & Legal Sectors. The Following Are Some Of The Key Companies’ That Sent Representatives To The Master Workshops & Conferences In Europe And The Middle-East:

Construction Firms:

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 Law Firms:

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

Financial Institutions:

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

Consulting, Project Management and Real Estate Firms:

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 Developers:

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 Architects: Chapman Taylor Delegates From The Municipalities/Authorities In Europe And The Middle East.

The “Master Workshop” Event In Dubai Was Particularly Well Received; It Was Covered By A Top Newspaper

In The U.A.E., The Khaleej Times, And N.M.Raj Was Interviewed For The Same. The Article Can Be Found Online

At The Following Weblink (Please Click On The Button):

A FEW QUOTES FROM DELEGATES THAT ATTENDED THE MASTER WORKSHOP EVENTS IN EUROPE AND DUBAI

"Highly recommended. The subject of claims simplified in a very realistic and practical manner." Denis Toomey, Project Manager & Contract Specialist

“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.” James Yrkoski, Attorney At Law, TGC Corporate Lawyers “A great workshop, a perfect combination of theoretical knowledge and practical examples; I really appreciated it”. Ioan Dracopol, Senior Project Manager (Europe) “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.” Gheorghe Cuzuc, Legal Counsel Stewart Title Limited “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!” Adrian Savin, Associate, SCPA Biris Goran

“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.” Eng. Anca Luca, Contract Administrator, S.C. EUROCONSTRUCT S.A “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.” Dragos Iacob, Attorney-at-Law, WOLF THEISS

“Informative as expected and I would like to attend seminars like this in future.” A.P Jayan, Project Leader at LAING O’ROURKE (Dubai) “One of the best conferences I have attended!” Claudiu Danila, Engineer/Quantity Surveyor, STRABAG Group

“Very interesting training!” B. Niewczas, Legal Counsel at SKANSKA

“Excellent hands-on training on Time/Cost/Concurrent delays. Fantastic!” Dharmendar Pardasani, Contracts Manager, PARSONS (Dubai)

“Professionally delivered, with focus on the matter and in a great tempo. Involving the group in workshops keeps everyone’s attention high.” A. Belniak, Deputy Contract Director at Bilfinger Berger