Adjudicator certification programme

ASSESSMENT

This is an assessment of the candidates existing skills and knowledge as such there is no teaching or coaching. The candidate must attend ready to be assessed.

The Adjudicator certification programme also includes a second stage assessment (role playing, assignment submission etc.) Once you have passed the examinations, you’ll be notified to participate in the peer-to-peer assessment.

The examination takes place in two phases:

• Phase 1: Multiple choice test – online.
• Phase 2: 2-day assessment with the assessors in class or online with overnight assignments.

Candidates will be tested on:

• Knowledge of FIDIC Contracts, including all main FIDIC publications providing for Dispute Boards or Adjudication, the FIDIC Golden Principles and also multi-lateral development banks specific requirements
• Contract/construction law principles under common and civil law jurisdictions
• Evidence law and procedures
• Dispute Board (DB) good practice and procedures
• Ethical standards
• Technical matters, delay analysis and the evaluation of quantum for both variations and time related costs and basic financial knowledge of VAT, bank guarantees etc.
• Decision making and Award writing skills
• Ability to manage and control a meeting, hearing or site visit
• Time Management
• Interpersonal skills

Candidates must pass Phase 1 to sit Phase 2;

The pass mark for Phase 1 is set at 60%, or as may be adjusted from time to time by the FCL.

The pass mark for Phase 2 is set at 60%, or as may be adjusted from time to time by the FCL.

If the candidate fails, it is recommended that they take the test again generally no less than 6 months after the first attempt. Those who feel competent to retake the assessment in less than six months may write to us and request to do so.

FIDIC Contracts for the assessments 

1. Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer (Red Book), first edition, 1999
2. Conditions of Contract for Plant and Design Build for Electrical and Mechanical Plant, and for Building and Engineering Works Designed by the Contractor (Yellow Book), first edition, 1999
3. Conditions of Contract for EPC/Turnkey Projects (Silver Book), first edition, 1999
4. Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer, MDB Harmonised Edition, June 2010.
5. Conditions of Contract for Construction (Red Book), second edition, 2017
6. Conditions of Contract for Plant and Design Build (Yellow Book), second edition, 2017
7. Conditions of Contract for EPC/Turnkey Projects (Silver Book), second edition, 2017
8. Conditions of Contract for Underground Works (Emerald Book), first edition, 2019
9. FIDIC Golden Principles (2019), first edition.
10. The Short Form of Contract (Green Book) first edition, 1999
11. Conditions of Contract for Design, Build and Operate Project (Gold Book) first edition, 2008
12. Conditions of Subcontract for Construction For building and engineering works designed by the Employer, first edition, 2011
13. Form of Contract for Dredging and Reclamation Works, second edition, 2016
14. Client/Consultant Model Services Agreement (White Book), fifth edition, 2017
15. Sub-consultancy agreement, second edition, 2017
16. Conditions of Subcontract for Plant and Design Build, first edition, 2019

Phase 1: Multiple choice test

You will be invited to attend an online assessment answering 100 multiple-choice questions (MCQ) on the FIDIC suite of contracts as stated above. The exam will have a strict time limit of 6 hours and should be completed in one sitting.

Some of these questions will have one correct answer and others may have more than two correct answers.  They may be written in the positive (which is correct) or negative (which of the following is wrong).  The exam requires that you to know the contract rather than rely upon the opportunity to look up the answer.

Phase 2: 2-day assessment

The 2-day assessment is a continual assessment of the candidate’s overall suitability to perform as an adjudicator/ DB member. You will be invited to attend two full days of assessment which will include overnight written assignments based on real dispute scenarios, role play, award writing and essay style assignments.

AWARD OF CERTIFICATION

If you are successful in both the Phase 1 and Phase 2 assessments, you will be awarded your Certified Adjudicator certification.

Monitoring Procedure:

The Adjudicator certification is valid for three (3) years from the date of issue. To maintain the validity of the credential for this 3-year term, certificate holders will need to follow the monitoring procedure described below:

1. At the end of the 1^st year of certification (12 months after the date of issue) certificate holders will need to provide evidence of

• a minimum of two days of involvement in a form of alternative dispute resolution process such as dispute boards; adjudication or arbitration in the preceding 12 months that arise from FIDIC or FIDIC-based contracts as party representative; advisor or dispute resolver, AND
• Eight hours of continuous professional development(CPD) within this 12-month period in the form of conferences, courses and seminars (as attendee or speaker, in person or online), or non-executive positions on boards and committees, or presenting articles that are published, that cover one or more of the following ‘FCL learning outcomes’:
• Contract management, FIDIC Contracts; Procurement and commercial risk; Project commercial challenges; Risk, liability and force majeure; Claims, disputes and arbitration; Dispute avoidance; Sustainability management; Ethics and dealing with fraud and corruption; Knowledge and understanding of FIDIC; Communication and interpersonal skills; Quality management; Business development skills; Management and leadership skills; Global infrastructure knowledge, AND
• Payment of the registration fees

If certificate holders fail to meet any of the above requirements, their credentials will be suspended. In a case of suspension, certificate holders will have one month to submit the evidence that they meet the above requirements. If they still fail to meet the above requirements, their credentials will be withdrawn and become inactive.

2. At the end of the 2^nd year of certification (24 months after the date of issue) certificate holders will need to provide evidence of:

• a minimum of three days of involvement in a form of alternative dispute resolution process such as dispute boards; adjudication or arbitration in the preceding 12 months that arise from FIDIC or FIDIC-based contracts as party representative; advisor or dispute resolver, AND
• Eight hours of continuous professional development(CPD) within this 12-month period in the form of conferences, courses and seminars (as attendee or speaker, in person or online), or non-executive positions on boards and committees, or presenting articles that are published, that cover one or more of the following ‘FCL learning outcomes’:
• Contract management, FIDIC Contracts; Procurement and commercial risk; Project commercial challenges; Risk, liability and force majeure; Claims, disputes and arbitration; Dispute avoidance; Sustainability management; Ethics and dealing with fraud and corruption; Knowledge and understanding of FIDIC; Communication and interpersonal skills; Quality management; Business development skills; Management and leadership skills; Global infrastructure knowledge, AND
• Payment of the yearly registration fees

If certificate holders fail to meet any of the above requirements, their credentials will be suspended. In case of suspension, certificate holders will be provided one more month to submit the evidence that they meet the above requirements. If they still fail to meet the above requirements their credentials will be withdrawn and become inactive.

When the credentials expire (at the end of the 3-year term), the certificate holders will be required to follow specific recertification procedures.

Evidence submitted should include: certificates of attendance, self-attestation statements, or published articles, together with details of dates and venues, which are submitted with the relevant fees to FCL ahead of the expiration of each monitoring period.