Global law firm White & Case was the joint organizer of a conference titled The New FIDIC Suite of Contracts: Practical Overview of Major Changes, which took place on October 4 in Warsaw.

The event was intended to provide an opportunity to discuss the changes in the new contract terms of the International Federation of Consulting Engineers (FIDIC), as well as the popularity of FIDIC contracts on the market. The conference was supported by FIDIC and co-organized by the Court of Arbitration at the Polish Chamber of Commerce and the Polish Association of Construction Industry Employers (PZPB).

The new FIDIC contract terms were published at the end of 2017. They constitute a new edition of the 1999 conditions that are well known and applied on the Polish market. FIDIC contract terms are commonly applied in Poland for many infrastructure investments, in particular for building expressways, highways and railroad tracks.

„Since the new FIDIC Suite of Contracts regulates many problematic issues more precisely and more comprehensively than they have been regulated to date, it can be the cure for certain problems of the Polish construction market. It is essential, however, that the new contract terms be applied without distortion,” commented MichaÅ‚ Subocz, partner at White & Case.

During the conference, there were panel discussions concerning, among others, the role of engineers, contract management, variations, risk sharing, insurance and unforeseen events. In the second part of the conference, the panelists focused on the issues of avoiding and settling disputes and the so-called Golden Principles, which are a new addition to the 2017 FIDIC contract terms. The speakers also pointed out the nature and purpose of the changes as well as possible difficulties that could arise from their application on the Polish market.

„In my opinion, what is most important is to maintain the integrity of FIDIC principles, including in connection with arbitration clauses, which are an inherent part of those principles. Unfortunately, investors in Poland don’t properly comply with those principles. We are convinced that this also harms the investor,” added Marek Furtek, president of the Court of Arbitration at the Polish Chamber of Commerce.

Aisha Nadar, member of the FIDIC Executive Committee, pointed out that: “the conference provided a unique platform for stakeholder exchange of information on topics that are important for the construction industry and provided neutral ground for the exchange of ideas of critical importance to our industry.” She also indicated that: “successful project implementation is the result of all stakeholders cooperating in the process: the contractor, the employer, the financiers and the suppliers – the project, and ultimately society, will benefit from their positive collaboration.”

The eminent speakers who spoke at the conference included international experts from FIDIC and representatives of investors, construction companies and consulting firms as well as leading law firms. Almost 120 participants listened to the lively discussions.