Course Details
Course Outline
5 days course
EPCIC Overview, Legal Framework & Contract Structure and Risk Allocation
- EPCIC, EPC. EPCM Contract Structure and Strategy
- Maximizing parties’ rights and interests
- Contractor’s single point of responsibility and its effects on parties
- Fixed Price Lump Sum Contracts
- Split contract structures to minimize tax and legal exposure
- EPCIC used in Shipbuilding Contracts for “Floaters” and floating platforms
- Collaborative contract strategies to avoid the “blame game
Tender Process Leading to an EPCIC 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 and terms and conditions
- Exceptions – what to accept and what to deny
- Finalising tender negotiations & Award
- LOI and LOA essential terms and legal effects
- Exercise on the selection process and main elements to ensure a successful tender exercise
Negotiating Essential Contractual Terms of EPCIC Contracts
- Identifying Critical Issues in the Project Life-cycle
- Managing Cost Impact Clauses like Delay, Price Fluctuations
- Indemnities and Other Liabilities, MAC Clauses, HSE
- Changes in Law and Regulations in Host Country & Stabilization Clauses
- Political Risk Insurance
- Force Majeure & Termination for Cause and without Cause
Essential Aspects of Risk Management Strategies
- Design, Technology & Process Risk
- Procurement & Specification risk
- Variations and Cost Impact
- Payment and Multi- currency Contracts
- Delay, Liquidated Damages and Extensions of Time (EOT)
- Completion and Testing & Effects of Acceptance
- Using Contractual Clauses to Manage Liabilities and Risks
Contract Completion – Critical Issues
- 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
- Dealing with Disputes – Considering the Different Options
- Discussion on Issues Participants have Faced and How It was Handled
