Technical Notes

• Technical Note: Risk Assessment in major projects.
  Are you a risk taker or a risk avoider? Much is written and discussed about risk allocation in major projects and in contract forms like FIDIC’s suite. But, relatively little is published on the role and influence of the individuals who make decisions to accept or avoid project risks, and whether their psychological disposition towards risk might steer a company to take, or avoid, a particular risk or risk profile. For example, studies in the area of human behaviour in decision making, show that risk-related decisions by a group can be “riskier” than if made by an individual. As in groups, an individual’s reluctance to take a particular risk is masked by being one in many making the decision. The attached note is an (up-dated) analysis of how “risk” is perceived by society in everyday life, and how our personal attitude to risk plays a critical role in business decision making. Business success is built on successful risk taking. Similarly for construction projects, success is not simply about risk allocation or assessment, it is the successful management of project risks that makes the difference between profit and loss. Using as an example, the risk assessment criteria and analysis for the decision on the form of the UK Channel Crossing, you will see that, in the end, the decision on the form of the project’s delivery was reduced to a basic risk-ranking methodology. Finally, attached to the paper is an example of a major contractor’s in-house risk analysis template, used for the purpose of bidding. It illustrates the type of risk-benchmarking experienced contractors use in formulating bids. It also shows that, in most cases, the somewhat basic risk allocations in say the FIDIC forms of contract are just the starting point for a contractor’s bid.
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• Technical Note: FIDIC Users Conference 10 May 2023 EMENA.
  I was honoured to present the opening address at the conference: FIDIC ’99 (Yellow Book): how it was applied successfully for the delivery of the Doha Metro project – featuring the key changes and enhancements made to the standard form and how those modifications worked in practice. 
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• Technical Note: Amending FIDIC for Major Projects – with reference to the contracts used on the Doha Metro Project
  The Qatar Rail Doha Metro project delivered 140kms of underground track and tunnel under Doha and 37 stations (31 of which were underground). By every measure it was a great success going from commencement of construction in 2013 to full operations during 2019.
  The metro transported literally 100,000’s of football fans during the FIFA tournament in November- December 2022.
  The paper below was part of a presentation at Session 1 of the IBA’s International Construction Projects Berlin Conference (March 2023) on amending FIDIC contracts for major projects and address the main themes of the changes made to the 1999 FIDIC Yellow Book for the Metro project. 
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• Technical Note: FIDIC 2017: Clause 8 – Programming; Delay Analysis and Concurrency of Delay – with particular reference to the construction industry in the UAE.
  FIDIC 2017 – Further to my series of technical notes on the FIFIC 2017 editions, attached is an analysis of aspects of Clause 8 (Time; Programme and Concurrency) looking specifically at the topics: the requirements for programmes provided by the contractor; the common versions of delay analysis and (new in 2017), the approach of the drafting committee to expressly addressing concurrent delay. The analysis suggests that the 2017 edition has gone too far in mandating in the general conditions of contract a number of specific requirements for programmes provided by the contractor under the contract. The note reviews extensively the current landscape regarding which, if any, form of delay analysis might be mandated in a contract. There is a detailed review of 2017’s approach to concurrent delay; the possible reliance on the SCL’s protocol for delay and disruption in the context of delay analysis generally, and if that protocol could be a useful reference point in particularizing 2017’s variables re concurrency. Finally, there is reference to a recent survey of construction industry practitioners in the UAE regarding their preferences for stipulating in a contract a form of delay analysis and an approach to concurrency. The note includes examples of what might be stated in the Employer’s Requirements regarding Project Controls and especially the format and content of contractor programmes. May I acknowledge the valuable reviews and comments from Messrs. Paul Whatley  (Dubai) and Farshad Doust (Qatar).
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• Technical Note: FIDIC 2017 – making the Contractor’s “design” obligations effective – FIDIC clause 5.1 In Design & Construct contracts, and especially in performance contracts, the nature and scope of the Contractor’s design obligations need to be clear and comprehensive. The FIDIC 2017 up-dates, in forms such as the Yellow Book, did very little to expand and detail the scope of the Contractor’s design obligations. The FIDIC standard form can leave an Employer struggling for remedies where plant or equipment or engineering systems fail to meet their performance requirements. This topic is discussed and further and additional wording is offered to address the issue. DOWNLOAD NOTE

• Technical Note: FIDIC 2017 – how to make Site Conditions and site risk allocation work in follow-on contracts in major projects. [Clause 4.12 and related]
  Site conditions and the allocation of site-related risks are among the most disputed issues in construction projects. But one aspect of this topic that is not addressed in the FIDIC suite is the case where the contract is applicable to follow-on contractors i.e., those contractors and subcontractors that build and install their work on the works of others.
  This issue is discussed, and alternative provisions are offered to address the issue.
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