Sign Up For Our Weekly Emails
Get the latest updates on special offers, courses, events, webinars and books from Federal Publications Seminars.
Sign Up
Thank You
You'll soon be receiving updates about special offers, events, & more.
Get 10% Off Your Next Purchase
Sign Up For Our Emails
Sign Up
Thank You
You'll soon be receiving updates about special offers, events, & more.
Cart
Overview

The purpose of this course - International Construction Contracting and Risk Management - is to provide a new approach; one that emphasizes risk management as the centerpiece of an overall project development and contracting strategy. This comprehensive two-day seminar is designed to equip all participants in the international construction contracting and infrastructure development arena to make better and more informed decisions. In addition to fully integrating notions of risk analysis and management into the curriculum, International Construction Contracting and Risk Management addresses two new developments of particular interest to the international contracting community. The first is the release of several new contracting forms for use in leading edge contract delivery methods by the widely respected Federation Internationale des Ingenieurs-Conseils, or FIDIC organization. The second new development is the expansion of international arbitrations under the World Bank's International Centre for Settlement of Investment Disputes (ICSID) to include investment disputes between parties that have not consented by contract to arbitrate.

This course combines a solid tutorial on the mechanics of how to successfully plan and manage an international construction project with practical insights on how to assess and contain foreign project risk. The presentation is tailored to both the experienced and the new international contractor, whether that contractor is based in the U.S. or in other countries. This course examines the issues from both the contractor and owner's perspectives. The international construction landscape is fraught with new and old risks. The course is designed to assist you in minimizing and avoiding those risks.

Dates/Locations
No upcoming dates/locations at this time
Agenda
    • Overview of the International Marketplace
      1. Public and/or Private Owners
      2. The Contractor Entity
        1. Corporation
        2. Joint Venture
        3. Teaming agreements and consortia
      3. Contract Formation
        1. Sealed bidding vs. negotiation
        2. Restraints on competition

           

    • International Due Diligence
      1. Identification of Risks
      2. Country Risks
        1. Political unrest
        2. Nationalization of property
        3. Import/export restrictions
        4. Shipping embargoes
        5. Public opposition to foreign business
      3. Financial Risk
        1. Limited sources of local credit
        2. Bonds, letters of credit, insurance
        3. Inflation/currency fluctuations
        4. Weakness in banking systems
      4. Qualifying Potential Parties
        1. Evaluating capabilities of potential team members
        2. Evaluating capabilities of in-country owner/customers
        3. Evaluating capabilities of in-country vendors/subcontractors

           

    • Special Compliance Issues for U.S. Contractors
      1. U.S. Anit-Bribery Laws
        1. The Foreign Corrupt Practices Act(FCPA)
        2. Record-keeping provisions of the FCPA
        3. Marketing issues under the FCPA
        4. FCPA contract provisions and penalties
      2. Laws Covering Exports and Economic Sanctions
      3. Commercial Exports
      4. Embargoes and Economic Sanctions
      5. Enforcement Issues

         

    • Securing the Contract Through Effective Intelligence
      1. Contractor's Perspective
        1. Developing in-country relationships
        2. Tailoring the procurement to contractor's strengths
        3. Getting on the short list
        4. verifying creditworthiness
      2. Owner/Customer's Perspective
        1. Contractor financial and performance capabilities
        2. Contractor performance
        3. Contractor dispute histories

       

    • Funding and Assistance for U.S. Contractors
      1. OPIC
      2. Exim Bank
      3. U.S. Agency for International Development
      4. World Bank

       

    • Ensuring the "Bankability" of the Project
      1. Assessing Lender's Risk Tolerance
      2. Presenting Acceptable Risk Profile
      3. Dealing with Pro-forma Non-conformities

       

    • Project Delivery Systems and Methods
      1. Choice of Organizational Form
        1. General Contractor Model
        2. Construction Manager Model
        3. Design/Build Model
        4. Build/Own/Transfer Model
      2. Overview of Contract Form Families
        1. FIDIC(including the design/build model "Orange" Book
          and EPC turnkey projects "Silver" Book)
        2. ICE
        3. AIA
        4. Others
      3. Contract Pricing

         

    • Pre-bid and Pre-award Issues
      1. Site Surveys/Site Inspections
      2. Prequalification of Contractors and Suppliers
      3. Cultural Issues in the Negotiation Process
      4. "Partnering" and Dispute Review Boards

         

    • Role of Government and Culture on Contract Negotiations
      1. Government Impact on Business
      2. Government Impact on Contracts
      3. Culture - How to Win or Lose a Deal

       

    • Understanding Key Contract Clauses(FIDIC)
      1. Variations Clause (Changes)
        1. Constructive Variation Orders
        2. Cumulative VO's
      2. Differing Site Conditions
      3. Termination for Default
      4. Termination for Convenience
      5. Equity Participation
      6. Force Majeure
      7. License and Inventions
      8. Payment
      9. Warranties

       

    • Project Compliance and Security Issues
      1. Anti-bribery Compliance Planning
      2. Terrorist Issues
      3. Labor Risks
      4. Protection of Project Property
      5. Case Histories

       

    • Contractor Claims
      1. Delay Damages
      2. Lost Productivity
      3. Acceleration
      4. Breach of Contract
      5. Pricing of Claims
        1. Direct Costs
        2. Indirect Costs

       

    • Employer (Owner) Claims
      1. Delay Damages
      2. Defective Work
      3. Default Termination of Contractor

       

    • International Disputes and Arbitration
      1. Choosing the Dispute Resolution Method
        1. Mediation
        2. Arbitration
        3. International Arbitration
      2. Contract Dispute Provisions
        1. Choice of law
        2. Choice of forum
        3. Choice of counsel
      3. Negotiating an International Contract Dispute
        1. Cultural and legal differences
        2. Use of mediators
      4. Enforcement of Award
        1. Relevant treaties and conventions
        2. Location for enforcement
        3. Defenses to enforcement
      5. Invoking ICSID Arbitration Provisions
        1. No contractual privity required
        2. Avoidance of in-country courts

       

    • International Dispute Resolution - Behind the Scences
      1. Conditioning the Owner for Price Adjustment
      2. Obtaining Sufficient Security for Award
      3. Practical Means of Compelling Payment

       

    • Planning for Risk-Sensitive Projects
      1. Team Presentation on Practical Lessons for Risk-Sensitive Projects
      2. Proposed Risk Management Strategies to Selected Projects
Accreditation
See Individual Courses For Available Credits
Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.
CPE: Continuing Professional Education
Field of Study: Specialized Knowledge
Delivery Method: Group-Live Classroom
Federal Publications Seminars is affiliated with Cerifi LegalEdge and is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.
For more information regarding administrative policies such as refunds, cancellations and complaints, please contact Federal Publications Seminars at 888.494.3696.
CPE Hours
This program is eligible for: (CPE) hours of credit
Program Level:
Program Prerequisite:
Advance Preparation:
Method:
CLP: Continuous Learning Points
Approved for CLP by Defense Acquisition University
Defense Acquisition Workforce members must acquire 80 Continuous Learning Points (CLP) every two years from the date of entry into the acquisition workforce for as long as the member remains in an acquisition position per DoD Instruction 5000.66. We will provide you with documentation of points awarded for completing the event.
CLP Hours
This program is eligible for: (CLP) hours of credit
CLE: Continuing Legal Education
States have widely varying regulations regarding MCLE credit. LegalEdcenter is an approved provider in AL, AK, AR, CA, GA, IL, ME, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV. Credit may be applied for in other jurisdictions on request and in accordance with state MCLE rules.
Please note that because some states are changing their policy on CLE reporting, you will need to fill out the request for credit from Federal Publications Seminars within 10 business days, or we may not be able to issue credits for the program.
CLE Hours
This program is eligible for: (60 minutes), (50 minutes)
Travel
No travel information is available at this time