I must say that I had a wonderful time at the training and I learnt a lot. Lawyers in Anglo-Saxon countries say that the English language is a tool of their trade,yet so many don't use it effectively. The training equipped me with the necessary skills to use English legal writing to communicate more effectively.
- Denis Nono, Supervisor legal affairs, Uganda Tax Authority
For sure, everybody enjoyed the training. It was very nice to hear a native speaker, specially one with such high legal drafting techniques
- Wagner Osti Pedro, Embraco, Joinville, Brazil
Excellent course. I recommend the training 'Contract Drafting and Legal Writing'. It gave to me the chance to understand the need of Plain Legal English in contracts as a way to mitigate ambiguity or misinterpretation of a clause. Also the training clarified the context in which Anglo-Saxon Legal System is inserted, since the Brazilian Legal System is in a different one.
- Rafael Mechi Nunes, Sr. Contract Lawyer, Sao Paulo, Brazil
Salwa Ahmed Sherine Fawzy
SUMMARY OF EXPERIENCE
Senior Contracts Manager with engineering and legal experience in Contracts and Procurement. Special focus on FIDIC contracts, JCT Contracts, NEC Contracts, Egyptian Civil Code, Law No. 89/1998 with experience in Egyptian Arbitration Law (Law No. 27/1994), London Arbitration Act (1996), claims, extension of time and delay analysis, UNCITRAL Arbitration Rules and ICC Arbitration Rules.
Fellow, Chartered Institute of Arbitrators (FCIArb), London, UK
Member, Chartered Institute of Arbitrators (MCIArb), London, UK
Member, The Egyptian Engineers Syndicate, Egypt
LLM, Masters in Construction Law and Arbitration, Robert Gordon University, with Merit, 2014
Legal Systems and Contract Law
Reparation Law and Evidence
Arbitration Practice & Procedure
Advanced Construction Law
Construction Contracts In Context
International Construction Contracts
Postgraduate Diploma, Construction Law and Arbitration, Robert Gordon University, with Distinction, 2013
Postgraduate Certificate in Arbitration, Robert Gordon University, 2012
Professional Program in Contractual & Legal Aspects in Construction Industry; Construction Law (CLAC), Assistant, The American University in Cairo (AUC), 2002
Specific Contracts & International Construction Contracts (FIDIC)
Sources & Regimes of Obligations
Claims and Disputes in the Construction Industry
Bachelor of Science, The American University in Cairo (AUC), 2001
Major: Construction Engineering Minor: Computer Science
GPA: 3.976/4.0 Highest Honors
Thanaweya Amma, Ramses College for girls ex. American College, 1995
AWARDS AND HONORS
Earned the Honors Plate by the Construction Engineering department for attaining the highest GPA and being the highest ranking student, years 1998 and 1999
On the Dean’s Honors List, years 1995, 1996, 1997, 1998 and 1999
Earned the Merit Scholarship for outstanding academic achievement, which is awarded to the highest-ranking students, 1995, 1996, 1998 and 1999
Earned the Honors Certificate for outstanding academic achievement from the Construction Engineering department, Computer Science department and the Construction Engineering Association, 1997, 1998 and 1999
TEACHING AND TRAINING PROFESSIONAL EXPERIENCE (EGYPT, DUBAI AND QATAR)
Instructor, The American University in Cairo, Effective Contracts Management: Contract Fundamentals, Essential Elements of a Valid Contract, Offer and Acceptance, How to Interpret Ambiguities in Contract Documents, Types of Contract, Types of Contracting Methods, Bidding, Tendering and Contracting, Contracting Mistakes, Sharing of Risks and Risk Allocation, Provisions of the Contract (Commencement, Delays & Extension of time, Suspension, Acceleration, Variations, Unforeseeable Physical Conditions, Payments, Liquidated Damages, Completion, Termination, Claims) Case Studies.
Instructor, The American University in Cairo, Procurement Management: procurement general principles, common stakeholders in the procurement process, procurement of works, services and goods, methods of procurement, procurement plan, preparation of the bidding documents, RFP, RFQ, completion of forms and schedules, raising queries and issuing clarification, tender evaluation and comparison of quotations, overseeing successful administration and closing of the procurement.
Federation Internationale Des Ingenieurs-Conseils (FIDIC):
Standard Forms of Contract Used Internationally: The Old Set FIDIC Forms of Contract: The 4th Edition of the Red Book; The 3rd Edition of the Yellow Book; The Orange Book; and The White Book, The 1999 FIDIC Suite of Contracts: The New Red Book, 1999; The New Yellow Book, 1999; The Silver Book, 1999; The Green Book, 1999, Changes in Form and in Substance from the Old Set to the 99 Forms, The World Bank Conditions of Contract. Terminology, Commencement, Delays & Extension of time, Suspension, Acceleration, Variations, Unforeseeable Physical Conditions, Payments, Liquidated Damages, Completion, Termination, Claims, Case Studies.
Managing Claims in Construction Projects:
Types of claims, Detection and Analysis of Claim Events, Counterclaims against the Contractor Ambiguities/discrepancies in Contract documents, Variation Claims, Claims for extension of time (Construction Delays, Concurrent Delays, Methods of Delay Analysis), Claims for additional payment (Claims based on delays and prolongation costs, Disruption Claims, Acceleration claims), Procedures for Claims, Failure to follow Claim Procedures, the Global Approach, How to draft and present claims, Defenses to Claims, Dispute Resolution, Case Studies.
The Progression from Claims to Disputes, How to avoid disputes, Alternative Methods for Dispute Resolution: Negotiation, Mediation, Conciliation, Dispute Review Boards and Dispute Adjudication Boards, Litigation, Arbitration, Dispute Resolution Mechanisms under the FIDIC: Dispute Resolution Mechanisms under FIDIC’s Old Red Book, Dispute Resolution Mechanisms under FIDIC’s New Suite of Contracts.
General Principles on which Modern Arbitration is Based, Ad Hoc vs. Institutional Arbitration, The UNCITRAL Arbitration Rules, The UNCITRAL Model Law, Arbitration Agreement, Appointment of Arbitrators, Challenge and Replacement of Arbitrators, Fees and Expenses, Court Intervention During the Proceedings, The Conduct of the Proceedings, Meetings and Hearings, The Award, Challenge of the Award, The Egyptian Law of Arbitration (Law No. 27/1994).
Types of Construction Delays, Cases of Concurrent Delays, Methods of Delay Analysis (Impacted As-Planned, Collapsed As-Built (But for Analysis), Time Impact, Windows Analysis (Time Slice or Snapshot or Contemporaneous Period Analysis)), Case Studies.
Time At Large: Common Law vs. Civil Law
Provided Training Services for Clients including, inter alia, the following:
The American University in Cairo
Mountain View (MV)
Cairo Festival City
Palm Hills Development
Power Generation Engineering & Service Co. (PGESCO)
Egyptian Resorts Company (ERC)
Dar Al Mimar Group (DMG)
Qatar Petroleum (Al Rowad Training Centre)
Define Management Consultancy & Training
OGS (Oil & Gas Skills) Training Centre
Ecoman Training Centre
Expert – Project Management Expert
Contract Law and Legal Document Drafting Seminar, British Legal Centre, Richard Brady (20th- 21st October 2012) (Plain legal English drafting techniques, accuracy in contracts, grammatical construction of clauses, negotiation and drafting of any agreement, use of warranties, guarantees and indemnities, use of contract templates, liquidated damages and boilerplate clauses)
Insights on the law, litigation and arbitration, Yehia Dakrouri, Chartered Institute of Arbitrators , 2013
Contracts and Arbitration, Dr. Tarek Hussein (13-28 June 2011)
International Conference on International Commercial Arbitration and ADR in a Challenging World...Cross Cultural, Cairo Regional Centre for International Commercial Arbitration (CRCICA), (29-30th March 2009)
Claim: Entitlement, Impact & Damages (30th November 2008)
Delay Analysis: Contemporaneous, Impacted As-Planned & Collapsed As-Built Analysis (14th May 2009)
Quantification of Acceleration Claims (5th May 2009)
Loss of Productivity (Disruption): Definition, Causes and Quantification (11th March 2009)
Accepted and In Press
Fawzy, Salwa, Islam El-adaway, and Tarek Hamed, “Contracting in a Global World: Application of the “Time At Large” Principle”, Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, American Society of Civil Engineers.
Fawzy, Salwa and Islam El-adaway, “Global Claims within the Common Law Legal Systems: Application to the World Bank Contract”, Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, American Society of Civil Engineers.
El-adaway, Islam, Salwa Fawzy, Robert Bingham, Patrick Clark, and Taylor Tidwel, “Different Delay Analysis Techniques Applied to AIA A201-2007 Standard Form of Contract”, Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, American Society of Civil Engineers, posted ahead of print May 12, 2014, doi: 10.1061/(ASCE)LA.1943-4170.0000145 , 02514001, pp. 1-9.
El-adaway, Islam, Salwa Fawzy, Muaz Ahmed, and Rob White, “Administering Extension of Time under National and International Standard Forms of Contracts: A Contractor's Perspective”, Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, American Society of Civil Engineers.
Fawzy, Salwa and Islam El-adaway (2014), “Time ‘at large’ within the Common Law Legal System: Application to Standard Forms of Contract”, Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, American Society of Civil Engineers, Vol. 6, No. 1, 04513002, pp. 1-8.
El-adaway, Islam, Salwa Fawzy, Kyle Cody, Sara Fast, Gene Spencer, David Bond, Dustin Cushman, and Timothy Stieffel (2014), “Contract Administration Guidelines for Contractors Working under AIA A201-2007 Contract for Construction”, Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, American Society of Civil Engineers, Vol. 6, No. 1, 03012002, pp. 1-10
Fawzy, Salwa and Islam El-adaway (2013), “Contract Administration Guidelines for Effectively and Efficiently Applying Different Delay Analysis Techniques under World Bank Funded Projects”, Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, American Society of Civil Engineers, Vol. 5, No. 1, pp. 35-44.
Fawzy, Salwa and Islam El-adaway (2012), “Contract Administration Guidelines for Managing Conflicts, Claims, and Disputes under World Bank Funded Projects”, Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, American Society of Civil Engineers, Vol. 4, No. 4, pp. 101-110.
Fawzy, Salwa and Islam El-adaway (2012), “Contract Administration Guidelines for U.S Contractors Working under World Bank Funded Projects”, Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, American Society of Civil Engineers, Vol. 4, No. 2, pp. 40-50.
Fawzy, Salwa and Islam El-adaway (2014), “Application of the Time “at large” Principle to Standard Forms of Contract”, 2014 Construction Research Congress, American Society of Civil Engineers, Georgia, United States, pp. 1418-1427.
Fawzy, Salwa and Islam El-adaway (2012), “Applying Delay Analysis Techniques to the World Bank Funded Projects”, 2012 Construction Research Congress, American Society of Civil Engineers, Indiana, United States, pp. 11-20.
Fawzy, Salwa and Islam El-adaway (2011), “How Can U.S. Contractors Work Under World Bank Funded Projects”, 2011 Canadian Society for Civil Engineering Annual Meeting and Conference and 3rd Construction Specialty Conference, Ontario, Canada, pp. 2199-2209.
Senior Contracts Manager, Dar El Mimar Group (February 2012 - Present)
Reviewing and negotiating contracts and performing risk analysis of contracts in tender documents
Drafting company templates (Inter-Company Contracts, Main Contract, Subcontracts, Consultant, Consortium) English/Arabic
Drafting the company’s contract procedures
Providing advice regarding the potential risks and critical durations in signed contracts
Providing contractual advice upon the interpretation of contract documents
Administering contracts by drafting contractual correspondence and notices
Preparing, defending and negotiating claims for extension of time and additional costs
Guiding delay analysis using internationally accepted techniques to quantify time impact of delays
Assessing claims by subcontractors
Providing training courses in: Contract Administration, Federation Internationale Des Ingenieurs-Conseils (FIDIC), Claims, Delay Analysis, Dispute Resolution and Arbitration
Contracts Manager, Contracts and Procurement Department, Egyptian Resorts Company (ERC) (July 2010 -February 2012)
Administering contracts, providing contractual advice and managing changes
Managing the defense and representation of ERC in all contractual claims
Participating and liaising with the company’s legal consultant in dispute resolutions and arbitration proceedings
Preparing company master documents and forms, e.g. short and long form contracts, RFPs, Letters of Intent, Change Notice forms
Maintaining control and status reporting documents
Reviewing and negotiating conditions of contract
Participating in the development of procurement and contract administration policies and procedures and process flow charts. Assisting in ensuring that the Contracts & Procurement division policies and procedures are updated and implemented throughout ERC and that all contract administration procedures are adhered to
Managing the procurement pre-tendering, tendering and selection process, preparation of award recommendation reports and securing approvals in accordance with established procedures
Supervising the review of the contractors/consultants invoices from the commercial perspective
Coordinating the issuance of final acceptance certificates and contracts closeouts
Senior Contracts Administrator, Contracts and Claims Department, Orascom Construction Industries (OCI) (November 2008-May 2010)
Reviewed and negotiated Conditions of Contract based on the FIDIC Standard Form of Contract and other customized contracts
Provided contractual advice upon the interpretation of contract documentation
Administered contracts by drafting contractual correspondence and notices
Prepared, defended and negotiated claims
Guided the delay analysis using Windows approach to quantify the time impact of delays
Quantified entitlement for claims covering prolongation, disruption, suspension and financing costs
Assessed claims by subcontractors
Assisted in preparing particulars to be used in arbitration proceedings
Conducted Training in FIDIC Red Book and Time at Large.
Borg El Arab International Airport Modernization Project (Project Cost: Japanese Yen (¥ 4,595,308,169), US Dollars (US$ 2,422,639.29) & Egyptian Pounds (L.E. 315,421,772.57)).
New Air Traffic Control Tower at Cairo International Airport (Project Cost: L.E. 105,680,113 US$ 1,197,369 and €2,666,762).
Golden Pyramids Plaza Project (Project Cost: L.E. 1,141,984,943 .40).
Cairo Festival City Retail Centre (Project Cost: L.E. 2,047,000,000.00).
Al Safwa Cement Project, Saudi Arabia (Project Cost: €93,528,000 and US$ 93,000,000 and SAR equivalent to US$ 66,900,000)
Marassi - Sidi Abdul Rahman Project (Project Cost: L.E. 103,058,654.09).
New Lng Train Skikda Project, Algeria (Project Cost: US$ 48,600,000.00 and 3,979,800,000 Algerian Dinars).
Oman Embassy Zamalek Residence (Project Cost: L.E. 63,994,057.05 and US $ 2,657,138.41).
EFG-Hermes Headoffice, Smart Village (Project Cost: L.E. 217,445,800).
Corplease New Headquarter, Smart Village (Project Cost: L.E. 73,000,709.00).
Civil, Building, Structural Steel and U.G Piping Works for El Merk (Project Cost: Algerian Dinars 6,063,778,088.00).
Waste Water Treatment Plant in New Cairo.
Proctor & Gamble Headoffice, Smart Village (Project Cost: L.E. 222,500,000).
Contract Administrator, Contract Administration Bureau (CAB), Dr. Sherif El Haggan (May 2001-June 2006)
Drafted Conditions of Contract based on the FIDIC Standard Form of Contract
Reviewed construction contract documents and analyzed contracts
Reported on risks within tender documents and negotiation of alternatives
Advised upon the interpretation of contract documentation
Assisted parties to any contract to maximize their contractual entitlements by ensuring that notices and correspondence are properly maintained
Prepared, appraised and defended claims
Determined compensable, non-compensable, and non-excusable delays
Evaluated and quantified entitlement for claims covering the cost of extra work, disruption costs, extended overhead, lost profits and financing costs
Assisted the clients in claims negotiations in an effort to save the expenses associated with resolving disputes by resorting litigation or arbitration
Participated in the course of litigation proceedings by preparing particulars and presenting them in the Authority of Experts, Ministry of Justice.
Assisted counsel during the course of arbitration proceedings which is a logical corollary to the provision of claims analysis and preparation services
Assisted in preparing lectures covering claims, mediation, negotiation, contract documents and others
Provided Contract Administration Services in Projects including, inter alia, the following:
Golden Pyramids Plaza
Grand Hyatt Hotel
Egyptian Media Production City (EMPC)
Beverly Hills Project
Dredging of the Diversion Canal at Naga Hammadi
Construction of the industrial works on El Sheikh Zayed Canal and its branches in Toshka City
Construction of 1500 building unit in Sharaka, Algeria
Construction of 1680 low-cost building unit in Obour City
Construction and renewal works in Cairo University
Construction of El Saraya residential, commercial and administrative compound in 6th October City
Construction of Misr Canada factory for the production and mixing of mineral oils in 10th of Ramadan City
Provided Services for Clients including, inter alia, the following:
Nile Aster International
Raya Integration Co.
The Arab Contractors (Osman Ahmed Osman & Co.)
Misr Sons Development (Allam Sons)
Ginza Contracting Co.
Al Robaia Contracting Co.
Atlas Contracting Co.
Planning Engineer, Al Robaia Contracting Co. (Summer 2000)
Prepared and updated detailed schedules
Created project monitoring systems
Technical Engineer, Al Robaia Contracting Co. (Summer 2000)
Prepared quantity take off for different projects
Executed cost break down and research for costs for different items
Represented the company in a bid opening
Construction Engineering Trainee, Shafie-Sherif Bureau (Summer 1999)
Monitored daily construction work and daily inspected the site
Evaluated finished tasks
Surveyed and took measurements of finished tasks
Member, The Diamond Team, AUC,Contract Law Course
Legal English Course
Intellectual Property English
Cambridge University Legal English Certificate (ILEC) - Online a
Contract and Legal Document Drafting Course
Company and Corporate Law
Legal writing workshop- Tbilisi 24th August
Legal Writing Course
Legal English Vocabulary - Free course
Oil and Gas law and legal vocabulary
Arbitration Law and Practice Course
Persuasive writing for lawyers
FIDIC Construction Contract Course