How can interested people learn about FIDIC contracts in the most effective and efficient way? Directly by explaining the most popular FIDIC clauses with text and paragraphs? I guess that would be a bit boring! Or would you rather use case-studies on FIDIC? What do you think?
In my experience while tutoring FIDIC contracts as a part of the training courses hosted by AfiTaC, trainees are always looking to see how they could apply FIDIC clauses in real-life projects. They are always motivated and excited to see how they could apply FIDIC principles to decide on contractual matters and solve contract-related problems. Is that what you look for in a typical FIDIC training session? Do you think this would maximize the learning process? Would you prefer it over feeding trainees with theories and principles? Let me share you my feedback of such case-studies on FIDIC !
I have done several FIDIC training sessions during the past months for trainees from different backgrounds and from all around the world. These training sessions were divided in 5 main parts:
- Case-study presentation
- Group discussion
- Proposed answer
- FIDIC relevant clauses
- Conclusions and recommendations
We present the case-studies on FIDIC to establish a framework for analysis. All information and facts should be clearly presented so that the trainees can first imagine the problem, then brainstorm about it and finally propose their arguments and answers.
I always encourage trainees to apply a systematic approach to the case analysis by answering the following questions:
- What is the contractual issue?
- What is the goal of the analysis?
- What is the context of the problem (location, type of contract, stakeholders, etc.)?
- What key facts and information should be considered for the analysis?
- What are the relevant FIDIC clauses?
- What are the arguments in favor of each party in the dispute?
- What are the alternatives available to decision-makers?
- What would you recommend and why?
I make sure the case is clear for all the trainees with the relevant facts and information before the analysis. The trainees then think about the case individually. They are asked to use all the contract documents available and search for the relevant FIDIC clauses. Thereafter, the trainees should formulate the issue and their arguments, observations and opinions.
Only when all trainees are comfortable with the case, I will start with the discussion phase. Each trainee will have the opportunity to explain his/her views. Experienced trainees usually share some of their relevant experiences. Other trainees share their thoughts, how they understood the case and what they found in the relevant FIDIC clauses. In parallel, I write all arguments, observations and opinions on a (virtual) whiteboard.
Sharing ideas, arguments, experiences and opinions among the trainees from different backgrounds is very valuable in the learning experience. Benchmarking the trainees’ observations with the relevant FIDIC clauses is the best way to learn!
I will then move to explaining our proposed answer. Explanations will tackle each issue of the case study and how FIDIC deals with it. The proposed answer will show the connection between each fact in the case and the relevant FIDIC principle.
With the trainees we discuss the gap between their answers and AfiTaC’s proposal. They can see to what extent their arguments matched with what FIDIC really states. I can feel from my trainees that this activity works best! They do not want to be fed only with answers but rather track how these corresponds to their initial ideas.
FIDIC relevant clauses
Next, I will show in detail the relevant FIDIC clauses.
What make this training material special are the visualizations and animations. At AfiTaC, we believe that one of the best ways to master the FIDIC contracts is through visual representations.
Conclusions from case-studies on FIDIC
Finally, together with the trainees, we will draw some conclusions from our case-studies on FIDIC. We will also exchange on how we can use these FIDIC concepts in similar cases which trainees will encounter during their professional life.
That’s what typical case-studies on FIDIC hosted by AfiTaC look like! A concrete and well-structured session to achieve the best FIDIC learning experience for our trainees.
What do you think is the best way for learning? Please share your thoughts with us. You can also see the feedback of trainees by clicking here.
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