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African Procurement Regimes – Pitfalls and Successes
Dr Tett Walters began this month’s webinar by speaking about procurement regimes in Africa, particularly under the auspices of the FIDIC forms of contract, and the current challenges facing major project and infrastructure developments on the continent.
He also considered the need for an assured dispute resolution regime and the bidding document requirements of the African Development Bank and the use of the DAB / DAAB processes proposed in the FIDIC forms as they are or may be used on projects in Africa.
FIDIC Issues: The Role of The Engineer and Claims Issues
Karen Gough then presented on the related topics and issues arising from the use of the FIDIC Rainbow Suite of contract 1999/2017. She focused on the role of the Engineer as the first tier dispute avoidance and resolution mechanism via Engineers’ Determinations and the challenges of bringing and pressing claims, not least with an eye to notice requirements and time bars.
Karen also discussed some of the benefits and challenges arising from the extended role of the Engineer and the claims regime under the 2017 forms, particularly with reference to their use in developing countries.