Engineers are sometimes faced with disputes or court cases on maybe breaching a contract or failure to complete a task. Some may be unable to settle such disputes as it may require them to have a lawyer as an arbitrator or mediator. On February 15, Institution of Engineers of Kenya (IEK) held a cocktail dinner to enlighten, educate and inform engineers on the importance of Alternative Dispute Resolution (ADR).
The engineers were taken through three presentations on different topics focusing on Alternative Dispute Resolution, FIDIC Documents with emphasis on claims/dispute resolution and Chartered Institute of Arbitrators.
Beginning with was MD Moti Consultants Ltd, Eng. A. Rogo who gave a brief on the overview of Alternative Dispute Resolution whereby he gave alternatives on settling disputes outside the court room. This may include mediation, conciliation, negotiation and arbitration.
The next presentation was on familiarization with FIDIC contracts and appropriate use of them. This was done by the MD of GIBB International Ltd, Eng. Paul Karekezi. FIDIC is the International Federation of Consulting Engineers and its members are national associations of consulting engineers.
“This specific module on FIDIC Documents with emphasis on claims and dispute resolution, engineers get to learn ways of identifying project risks, their allocation, and the various causes of claim, which can emerge over a construction contract and the way FIDIC addresses them. It details the way to handle claims – preparation, submission, assessment, determination under FIDIC Contracts, and how disputes are prevented or otherwise resolved,” outlined Eng. Karekezi.
FIDIC modules are either for beginners, intermediate or advance engineers. The other three modules also done separately are Practical Use of the FIDIC Contracts, Dispute Adjunction Boards and the FIDIC Contracts Management and Administration course.
Lastly, Mr Simon Ondieki, a member of the Chartered Institute of Arbitrators (CIA) gave a brief presentation on membership recruitment and progression. The Institute is a professional membership organisation founded in 1915 though the Kenyan branch was established in 1984. It promotes and facilitates determination of disputes through appointment services, training and capacity building.
“Our membership is categorized into three Associate, Fellow and Chartered Arbitrator. Being an associate will require you to do a special course. As a result, CIA and IEK have organized training on the introduction of arbitration from April 11-12, 2017 at a fee of KES25, 000 for associate members.
He advised that the course is important as it will help engineers to be appointed to the Kenyan branch, solve disputes and get opportunity to network.
The event was sponsored by Apex Steel.