Engineering Procurement and Construction (EPC) Contracts for Energy Industry

• Understanding EPC role matrix and contract structure
• Maximizing parties rights and interests with appropriate contracting strategy
• EPC Contractor’s single point of responsibility
• Split contract structure
• Fixed Contracts Price and Milestone Payment Terms
• Fixed Completion Date

IDENTIFYING EPC PROJECT RISKS IN CURRENT MARKET CONDITIONS

• Roles & Responsibilities of Parties during contract period
• Assessing risks in times in a challenging economy
• Assessing how risks have been changed by current challenges in the economy
• Project Contracting Trends
• Overcoming Business, Operational, and Project Risk
• Are Projects Prepared for Market Risks
• How to contract out project risk and optimize value Chains in EPC Contracts?

IMPORTANCE OF TENDER PROCESS IN AN EPC CONTRACT

• Legal, Technical and Commercial Pre-Qualification of tenderers
• Best practices in tender evaluations and selection of tenderer
• Important of scope of work and specifications
• Use of Standard Terms and Conditions
• Exceptions: What to accept and What to deny
• Finalizing tender negotiations & award
• Letter of Intent/Letter of Award: Essential Terms and Legal Effects
• Discussion & Analysis of different tendering & contracting strategies

• Identifying critical issues in the project life-cycle
• Managing cost impact clauses like delay, price fluctuations
• Indemnities and Liabilities
• Force Majeure & Limiting events of Force Majeure
• MAC Clauses
• HSE Liabilities
• Changes in Law and regulations in host country & stabilization clauses
• Political Risk Insurance
• Termination for cause and for convenience
• Discussion of Case Study on FIDIC EPC Contract

• Contracting Out Risk & Optimizing Value Chains
• Design, Technology, & Process Risk 
• Procurement & Specification risk
• Variations and Cost Impact
• Payment and Multi- currency Contracts
• Delay and Liquidated Damages
• Completion and Testing & Effects of Acceptance
• Passing of Risk on Completion
• Claims management & the rights and remedies available to the parties
• Liability, Indemnities, and Insurance Coverage

• Date of Completion
• Acceptance of punch list of defects - What is the effect?
• Passing of Tile and Risk: Safety & Insurance 
• Warranties and Guarantees
• Passing of Intellectual Property rights
• Defects: Exculpatory Clauses
• Defects Liability period, Contract Claims, and Employer Remedies
• Termination of Contract: Rightful & Wrongful Termination

• Acquiring Negotiation Skills
• Reviewing the Harvard Law School Points on Negotiation Skills
• Key roles and responsibilities of the negotiating team
• Identifying key success bargaining positions
• Concluding Negotiations
• Dealing with Disputes: Choosing the Best Disputes Resolution Process
• Should you Mediate or Arbitrate
• Costs and other Considerations
• Inter-active Session on Negotiation Skills