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Now in its 5th year, the MDA Collective Wisdom Lecture, has instead of taking place over a single day been expanded into a series of three morning lectures on 21 June 2018, 30 August 2018 and 25 October 2018. There is limited seating capacity at each lecture venue, as MDA will simultaneously be hosting a live interactive webinar of each lecture. The MDA Collective Wisdom Lecture series will in 2018 be digitally accessible to delegates from across the continent and beyond.

As has become expected, each of the Collective Wisdom Lectures will be presented by international and local industry specialists dealing with topical construction, engineering, water and sanitation and mining industry matters.

On 21 June 2018 industry specialists will discuss dispute avoidance on construction projects. Our specialists will lecture on international best practices, techniques and contractual models, practical examples of application of these and the critical necessity for now implementing these processes in Southern Africa.

DATE 21 June 2018
TIME 7:30am to 1:00pm
VENUE Houghton Golf Club, Osborn Rd, Lower Houghton, Johannesburg
COST Lecture attendance including breakfast R495 ex vat
Webinar access only R295 ex vat

 

GUEST SPEAKERS:

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DR JOHN FLETCHER
Product Group Director,
ADR, 
RICS, UK

 

The Conflict Avoidance Panel (CAP) Mechanism on Transport for London (TfL) projects

The Royal Institute of Chartered Surveyors, TfL and their contractors have on major infra structure projects in the London underground rail system together developed the mechanism known as the Conflict Avoidance Panel “which enables parties to avoid and control disputes. It is underpinned by relationship management which includes incentives to encourage cooperation” (Martin Burns).

Dr. Fletcher will discuss the development of CAP, implementation of CAP on the TfL projects and opportunity for employing CAP on major infrastructure projects in other jurisdictions.

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SIOBHAN FAHEY
Member of the FIDIC
Contracts Committee (Ireland)

 

Second Edition FIDIC: Dispute Avoidance Mechanism

The underlying philosophy and core aim behind the 2017 update to the FIDIC 1999 Rainbow Suite (Red, Yellow and Silver Books) is to achieve increased clarity, transparency, certainty, balanced risk allocation and enhance project management tools and mechanisms, which should lead to fewer disputes and more successful projects. Unsurprisingly therefore a key theme of the Second Edition is the increased emphasis on dispute avoidance.

Ms. Fahey will consider the motivating factors for the Second Edition’s increased emphasis on dispute avoidance, the ways in which the Second Edition seeks to
promote dispute avoidance and the practical application of the dispute avoidance mechanisms.

Ian LinkedIn

IAN MASSEY
Director, MDA Consulting

 

NEC4: Dispute Avoidance Mechanism (Ian Massey & Vaughan Hattingh)

The NEC4’s renewed emphasis on collaboration is particularly evident in its approach to disputes. The importance of the parties’ shared behavior and active
engagement in resolving issues before the need for formal dispute resolution is a clear feature of the amendments to Option W1, Option W2 and the new Option W3. Whichever dispute resolution option is preferred, the NEC4 contracts require the parties to seek a solution that avoids a dispute developing.

We will consider the NEC4 dispute avoidance model and the practicalities of implementing this model.

Vaughan Twitter

VAUGHAN HATTINGH
Director, MDA Attorneys

Dispute Avoidance: A South African perspective (Ian Massey & Vaughan Hattingh)

While the reasons for the inevitability of conflict and proliferation of disputes in the construction industry may be varied and vast, their consequences are certain –
project delivery and cost will be compromised!

In the complex challenging South African construction environment, the pressure to effectively manage conflict and implement proactive steps to avoid disputes is
becoming an increasingly daunting daily reality for construction professionals.

We will consider the necessity for effective conflict management and dispute avoidance and the suitability of the dispute avoidance mechanisms under both the
FIDIC Second Edition and NEC4 against the reality of today’s South African construction environment.

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Please note full payment is required before the event. Cancellations 1 week prior to the
event will not be refunded.

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