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Adriana Spassova  	FIDIC Accredited Trainer & Adjudicator Adriana Spassova  	FIDIC Accredited Trainer & Adjudicator

Adriana Spassova FIDIC Accredited Trainer & Adjudicator - PowerPoint Presentation

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Adriana Spassova FIDIC Accredited Trainer & Adjudicator - PPT Presentation

Bulgarian Society of Construction Law Chair ESCL Board Member Standard forms for public procurement construction contracts in Bulgaria ESCL Conference Bucharest 25 th October 2018 ID: 754076

fidic amp spassova bim amp fidic bim spassova accredited trainer adjudicator contracts adriana contractor construction alliance book framework employer

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Slide1

Adriana Spassova

FIDIC Accredited Trainer & Adjudicator

Bulgarian Society of Construction Law Chair ESCL Board MemberStandard forms for public procurement construction contracts in Bulgaria

ESCL ConferenceBucharest 25th October 2018 Slide2

Adriana Spassova

FIDIC Accredited Trainer & Adjudicator

The

Bulgarian

PPA (issued 2016) imposes restrictions on construction contracts in relation to variations and subcontracting. It is implementing the EU Directives, but in some cases the wording is much more restrictive,

e.g.:Art. 72 of the Directive stipulates that Contracts and framework agreements may be modified without a new procurement procedure when the overall nature

of the contract or the framework agreement is not altered, while the

PPA

narrows the requirement, forbidding alteration of the

subject (object)

, thus creating

difficulties.Slide3

Adriana Spassova

FIDIC Accredited Trainer & Adjudicator

There are no standard forms of construction contract in general use in Bulgaria.

The

IFIs (for example EBRD, KfW) usually require FIDIC Contracts to be used. FIDIC forms started to be used in the EC programmes PHARE and ISPA 20 years ago.In 2016, at the request of the Bulgarian Construction Chamber, the BSCL developed Contract Agreements and Particular Conditions for the FIDIC

Red and Yellow Books, harmonized with the national legislation.Slide4

Adriana Spassova

FIDIC Accredited Trainer & Adjudicator

In

April 2018

, the Construction Chamber invited the NGOs in the sector to form task groups for improvement of the construction legislation. A PPA Task Group was formed as well, with representatives from the Construction Chamber, BSCL, Chamber of Engineers in the Investment Design, Bulgarian Association of Consulting Engineers and Architects, Union of Architects in Bulgaria, Chamber of Engineers in Bulgaria, etc. The PPA Task Group

recommended the use of standard forms for construction contracts and PPA amendments, simplifying the selection procedure, subcontracting and modifications.Slide5

Adriana Spassova

FIDIC Accredited Trainer & Adjudicator

On

4

th September 2018, the Minister of Finance approved tender documents mandatory from 10th September 2018 for the water sector Programme “Environment 2014-2020” and Programme “Development of Rural Regions 2014-2020”, using the FIDIC Red

and Yellow Book 1999 General Conditions.Slide6

Adriana Spassova

FIDIC Accredited Trainer & Adjudicator

A Research Report by the Centre of Construction Law and Dispute Resolution, King’s College

London in 2016“ENABLING BIM THROUGH PROCUREMENT AND CONTRACTS”describes how the foundations for effective collaborative working through BIM are provided by a clear

and integrated contractual framework.  Slide7

Adriana Spassova

FIDIC Accredited Trainer & Adjudicator

KCL

Report recommends a multi-party BIM protocol that leaves two party contracts in place while: creating direct relationships between project team members in relation to BIM; enabling mutual reliance on agreed deadlines for BIM contributions; creating an agreed forum for resolution of clashes; 

creating direct mutual intellectual property rights; establishing clarity as to the reliance on data and BIM software; linking the repair, maintenance and operation of the completed capital project; providing opportunity to bring in additional membersSlide8

Adriana Spassova

FIDIC Accredited Trainer & Adjudicator

Coordination

of goals is essential and is generally achieved by a BIM Protocol & a BIM Execution Plan.BIM is founded on a team approach.Successful projects with BIM encourage

collaboration.FIDIC contracts are designed to be fair and are considered suitable for use with projects using BIM providing that the parties recognize the difference in approach and use the contract appropriately.

 FIDIC 2017 EditionAdvisory Notes to Users of FIDIC Contracts Where the Project Uses BIMSlide9

Adriana Spassova

FIDIC Accredited Trainer & Adjudicator

The RFP for selection of consultant must clearly outline what the employer’s expectations are.

The expectations should focus on the specific BIM goals and benefits desired.FIDIC 2017 EditionAdvisory Notes to Users of FIDIC Contracts

Where the Project Uses BIMSlide10

Adriana Spassova

FIDIC Accredited Trainer & Adjudicator

FIDIC recognizes that:

BIM is well suited for integrated project delivery, including DB and DBO projects where early proactive involvement of the design engineer, contractor and employer are essential;Where advanced levels of BIM are used, operation and maintenance elements may be added;

A qualified individual is to be assigned to manage the model, separate from the project manager’s role;Subcontractors should be bound by the BIM Protocol and Execution Plan.Advisory

Notes to Users of FIDIC with BIMSlide11

Adriana Spassova

FIDIC Accredited Trainer & Adjudicator

The

risks in working in a BIM environment arise from: Advisory Notes to Users of FIDIC with BIMSlide12

Adriana Spassova

FIDIC Accredited Trainer & Adjudicator

Besides the

BIM Protocol and a BIM Execution Plan, FIDIC recommends a thorough review of minimum 29 Sub-Clauses drafting the Particular Conditions: Advisory Notes to Users of FIDIC

with BIM

SC

SC Title

SC

SC Title

1.1

Definitions

2.5

Site data & Items of Reference

1.3

Notices &

Communications

3.2

Engineer’s Duties and Authority

1.5

Priority

of Documents

4.1

C’s General Obligations

1.10

E’s Use of C’s Docs

4.6

Co-operation

1.11

C’s Use of E’s Docs

4.7

Setting Out

1.15

Limitation of Liability

4.9

QM & Compliance Verification Systems

2.3

E’s Personnel & Other Cs

4.20

Progress ReportsSlide13

Adriana Spassova

FIDIC Accredited Trainer & Adjudicator

Continued: review

of minimum 29 Sub-Clauses drafting the Particular Conditions for the Yellow Book 2017: Advisory Notes to Users of FIDIC with BIM

SC

SC Title

SC

SC Title

5.1

General Design Obligations

8.3

Programme

5.2

C’s

Documents

9.1

C’s Obligations (Tests on Completion)

5.6

As-Built Records

13.3

Variation Procedure

5.7

O&M Manuals

17.3

Intellectual & Industrial

Property Rights

5.8

Design Errors

17.4

Indemnity by the Contractor

6.8

C’s Superintendence

17.5

Indemnity by the Employer

6.10

C’s Records

17.6

Shared Indemnities

19.2.6

Other Insurances Required Slide14

Adriana Spassova

FIDIC Accredited Trainer & Adjudicator

In order to have a

collaborative working environment, all participants in the construction process may sign a framework alliance contract. This will ensure easier project management with tools for:Early warning;Innovations;

Time & cost saving;BIM support;Easy transfer of

data;Know-how transfer Slide15

Adriana Spassova

FIDIC Accredited Trainer & Adjudicator

The

Framework Alliance Contract

FAC-1 is designed for international use to integrate projects under FIDIC, JCT, NEC and any other project contract forms.It takes into account the KCL Report 2016 and following consultations with 120 commentators from different jurisdictions.FAC-1 is a new type of contract, mapping the strategy that integrates

any number of related two part contracts for works and/or services and/or supplies. Slide16

Adriana Spassova

FIDIC Accredited Trainer & Adjudicator

In March 2017 the Bulgarian Society of Construction Law (BSCL), full

ESCL member, signed a license agreement with the Association of Consultant Architects (ACA) and the author of FAC-1 Prof. David Mosey for:amendments

necessary for FAC-1 to comply with Bulgarian law and the creation and use of a Bulgarian language version of FAC-1. Slide17

Adriana Spassova

FIDIC Accredited Trainer & Adjudicator

A

BSCL FAC-1 Task Group created the Bulgarian language version and Schedule 6 Part 1 Legal Requirements for the English 2016 Edition, published by

ACA.Slide18

Adriana Spassova

FIDIC Accredited Trainer & Adjudicator

An integrated

FAC-1 multi-party Alliance, entered into with a group of selected consultants, contractors, suppliers or other providers, enables:

Increased transparency & improved efficiency through consistent data shared among Alliance MembersStronger joint commitment to share ObjectivesCloser working relationships on agreed Alliance Activities

Improved joint engagement with the Supply Chain &

Stakeholders

Collective self-regulation through the

Core Group

More open measurement against agreed

Targets

More open motivation to earn agreed

IncentivesSlide19

Integrated multi-party framework alliance

Example

: Energy Efficiency Framework

One or several EmployersSeveral Green Book contracts for constructionS

everal White Book contracts for ConsultantsDirect award of project contracts – lots orCompetitive award of project contracts

Adriana Spassova FIDIC Accredited Trainer & Adjudicator

Supervisor 1

Supervisor 2

Supervisor 3

Designer

Contractor 2

Contractor 1

Contractor 4

Contractor 3

Contractor 5

Employer 1

Employer 2

Alliance Manager

StakeholdersSlide20

Integrated multi-party framework alliance

Example

:

School/ Sport InfrastructureOne Employer

1 Red Book contract & SubcontractsWhite Book contracts for design & FIDIC EngineerAdriana Spassova FIDIC Accredited Trainer & Adjudicator

Engineer

Designer

Subcontractor

1

Employer

Alliance Manager

Subcontractor

2

ContractorSlide21

Integrated multi-party framework alliance

Example

: Water & Sewage Infrastructure

One EmployerSeveral Yellow & Red Book contracts for construction

SubcontractsSeveral White Book contracts for ConsultantsProjects: Rehabilitation & new infrastructureAdriana Spassova FIDIC Accredited Trainer & Adjudicator

Engineer 1

Engineer 2

Designer 1

Designer 2

Contractor 1

Contractor 3

Contractor 2

Contractor 4

Employer 1

Alliance Manager

SubcontractsSlide22

Integrated multi-party framework alliance

Example

: High Speed Railway

One EmployerSeveral Yellow & Red Book contracts for construction

Several White Book contracts for ConsultantsProjects: Related railway sections, stations & facilitiesAdriana Spassova FIDIC Accredited Trainer & Adjudicator

Engineer 1

Engineer 2

Designer 1

Designer 2

Contractor 2

Contractor 1

Contractor 4

Contractor 3

Contractor 5

Employer 1

Alliance ManagerSlide23

Linked framework alliances

Example

: High Speed Railway

One Employer, several frameworks Yellow & Red Book contracts for worksWhite Book contracts for Consultants

Projects: Related railway sections & facilitiesAdriana Spassova FIDIC Accredited Trainer & Adjudicator

Engineer

Designer 1

Designer 2

Section 2

Section1

Employer

Alliance Manager

SignalingSlide24

Adriana Spassova

FIDIC Accredited Trainer & Adjudicator

Thank you!!!

aks@eqe.bg