ABSTRACT

Any project which involves an EPC contract is also likely to involve a number of other complicated contracts. The challenge of the parties to an EPC contract is not to try to eliminate risk but rather put into place a narrative structure that enables the parties to predict the contractual result that would obtain if a risk materializes. If the EPC contract does not allow the parties to determine the consequences of an unanticipated situation, they will have to look to an expert, mediator, tribunal, or court to impart guidance or pass judgment.

The sample forms of contract contained in Volume 2 of Understanding and Negotiating EPC Contracts are intended to serve as a guide to demonstrate how risks and responsibilities can be allocated among project sponsors, EPC contractors and the various other parties that may be involved in a project.

Collectively the sample forms in this volume offer an extraordinary resource that provides the benefit of lessons learned and priceless insight into any project being undertaken which can help assure the resilience of any EPC project.

chapter |3 pages

Introduction

part |6 pages

Part A Sample Form of Letter of Intent for Fixed Price, Lump Sum, Turnkey, Engineering, Procurement ...

chapter |1 pages

Exhibit A

chapter |1 pages

Notes

part |5 pages

Part B Sample Form of Limited Notice to Proceed Agreement: Limited Notice to Proceed Agreement

chapter |1 pages

Exhibit A

chapter |1 pages

Exhibit C

part |9 pages

Part C Sample Form of Fixed Price, Lump Sum, Turnkey, Engineering, Procurement and Construction Contract

chapter |16 pages

Article 1. Definitions

chapter |3 pages

Article 2. Intent

chapter |1 pages

Article 3. Commencement of the work

chapter |10 pages

Article 8. Testing and completion

chapter |6 pages

Article 13. Contractor’s warranties

chapter |3 pages

Article 14. Title and risk of loss

chapter |8 pages

Article 15. Insurance

chapter |3 pages

Article 16. Indemnification

chapter |2 pages

Article 18. Damages and liabilities

chapter |3 pages

Article 19. Adjustments

chapter |5 pages

Article 21. Miscellaneous

chapter |11 pages

Exhibit 1A

chapter |2 pages

Appendix 1 to Exhibit 1A

chapter |1 pages

[Exhibit 1B]

chapter |1 pages

Exhibit 1K

chapter |1 pages

Annex A to Exhibit L

chapter |1 pages

Exhibit 1M

chapter |5 pages

Exhibit 4.2

chapter |2 pages

Exhibit 5.1(a)(iv)

chapter |1 pages

Exhibit 5.1(qq)B

chapter |1 pages

Exhibit 5.1(rr)

chapter |3 pages

Exhibit 5.1(w)

chapter |1 pages

Exhibit 5.6.7

chapter |1 pages

Exhibit 5.10.1(d)A

chapter |1 pages

Exhibit 5.10.1(d)B

chapter |1 pages

Exhibit 5.12.1

chapter |3 pages

Exhibit 7.10

chapter |3 pages

[Exhibit 9.2.2

chapter |5 pages

[Exhibit 9.3

chapter |1 pages

Exhibit 10.1.2

chapter |1 pages

Annex A to Exhibit 10.1.2

chapter |1 pages

Exhibit 10.1.3(c)

chapter |3 pages

Exhibit 10.3.1A

chapter |2 pages

Exhibit 10.3.1B

chapter |1 pages

Annex A to Exhibit 10.3.1B

chapter |1 pages

Annex A to Exhibit 10.3.5

chapter |2 pages

Exhibit 10.16

chapter |1 pages

Annex A to Exhibit 10.16.

chapter |9 pages

Exhibit 10.17

chapter |7 pages

Appendix I to Exhibit 10.17

chapter |2 pages

Appendix I to Exhibit 10.17

chapter |31 pages

Exhibit 12.2(g)

chapter |15 pages

Notes

chapter |5 pages

Part E Concession Agreement Checklist