The key areas of discussion
'Fit for purpose' is a wide open obligation in construction contracts. In contracts based upon FIDIC Red books, when the Contractor is expected to undertake some part of the design, he must ensure the design provided meets with the fit for purpose obligation, which is an absolute duty. However, most of the time the professional designer are not subjected to this obligation and as long as the designer can prove that they have taken 'reasonable skill and care' ther could be no further obligation even if the design fails to meet the purpose for which it is designed. On the other hand, a design and build or an EPC contractor must pass the onerous test of 'fit for purpose'. Likewise, the professional indemnity insurance does not cover obligations other than negligence. In other words, the design progessionals won't be able to cover the risk arising out of a 'fit for purpose' obligation by securing a PI cover. The Clients, on the other hand prefer to pass on the absolute duty by way of 'fit for purpose' obligation, in which case the negligence in design need not be approved.
In this CPD, the facilitator will guide the audience through the concept, its application and how the Contractors could be cover their unintended risk of this liability. This topic is relevant to D&B and EPC contractors and for specialist contractors who undertake design obligations as part of their contracts.
To be presented by
Mr. R. Venkataraghavan (Venkat) is a chartered Engineer, Chartered Quantity Surveyor, Construction lawyer and an arbitrator. He has over 30 years of experience in the GCC region and Asia in the construction industry and he has worked with leading consultants and international contractors and involved in several iconic projects in this region. Venkat is one of the founding partners of 'C Cubed Consultants', a contracts and claims management consultancy based in UAE.
Also, Venkat is a distinguished trainer and has conducted over 150 workshops/CPD events across GCC and trained over 2000 professionals during the past 4 years. He has been invited to provide guest lectures at British Univeristy Dubai and Indian Institute of Technology, Chennai to post graduate students of construction law and management. Venkat's articles on topics related to commercial management and contract law have been published in leading construction and arbitration journals.
|| Wednesday, 22 March 2017
|| Al Futtaim Training Center, Umm Ramool, Dubai
|| 7:00 pm (registration starts at 6:30 pm)
|| QAR 50
|| Please email firstname.lastname@example.org