Understanding and Negotiating EPC Contracts

Two Volume Set
1. Auflage 2016
ISBN: 978-1-138-28547-7
Verlag: Taylor & Francis Ltd

Medienkombination, Englisch, 0 Seiten, Format (B × H): 259 mm x 185 mm, Gewicht: 1376 g

This two-volume collection offers a comprehensive practical and legal guide to the complex process of negotiating engineering, procurerment and construction contracts.

In Understanding and Negotiating EPC Contracts, Volume 1, Howard M. Steinberg explores virtually every aspect of (EPC) contracts for infrastructure projects. The 25 chapters in Volume 1 are supplemented with real-life examples and court decisions, and offer tactical advice for anyone who must negotiate or understand EPC contracts in connection with the implementation, financing or operation of infrastructure projects. Emphasizing current market practices and strategic options for risk sharing, the book contains a narrative explanation of the underpinning of all of the issues involved in EPC contracting.

The challenge of the parties to an EPC contract is not to eliminate risk but rather put into place a narrative structure that enables you to predict the contractual result 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 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.

Zielgruppe

Professional Practice & Development

Autoren/Hrsg.

Steinberg, Howard M.

Fachgebiete

• Technische Wissenschaften Bauingenieurwesen Baugewerbe, Bauplanung, Baubetrieb
• Wirtschaftswissenschaften Betriebswirtschaft Management Projektmanagement

Inhaltsverzeichnis

Volume 1

Introduction

Chapter One A Historical Perspective

Chapter Two Choosing a Development

Chapter Three The EPC Contractor’s Approach

Chapter Four Beginning the Evaluation Process

Chapter Five Full Scale Development

Chapter Six Philosophy of the EPC Contract

Chapter Seven Subcontractors

Chapter Eight Site or Route Survey

Chapter Nine The Work

Chapter Ten The Sponsor’s Obligations Under the EPC Contract

Chapter Eleven Monitoring the Progress of the Work

Chapter Twelve Unforeseen Circumstances, Adjustments and Change Orders

Chapter Thirteen The EPC Contractor’s Failure to Perform

Chapter Fourteen The Owner’s Failure to Discharge Its Responsibilities

Chapter Fifteen Unexpected Market Conditions

Chapter Sixteen Testing and Completion of the Work

Chapter Seventeen Liquidated Damages for Delay and Impaired Performance

Chapter Eighteen The EPC Contractor’s Warranties of the Work

Chapter Nineteen Security for the EPC Contractor’s Performance

Chapter Twenty Limitations on Overall Liability and Contract Expiration

Chapter Twenty One Payment for the Work

Chapter Twenty Two Title and Other Legal Matters

Chapter Twenty Three Indemnification and Insurance

Chapter Twenty Four Dispute Resolution and Governing Law

Chapter Twenty Five Interested Third Parties

Afterword

Volume 2

Introduction

How To Use These Sample Contract Forms

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

Part B Sample Form of Limited Notice to Proceed Agreement

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

Part C Supplemental Provisions for Certain Types of Projects

Part C 1A Power Plant Specific Provisions

Part C 1A 1 Coal Fired Power Plants

Part C 1A 2 Gas Fired Power Plants

Part C 1A 3 Hydroelectric and Geothermal Power Plants

Part C 1A 4 Solar Power Plants

Part C 1A 5 Wind Power Plants

Part C 2A 1 Simple Cycle

Part C 2A 2 Combined Cycle

Part C 2A 3 Cogeneration

Part C 2A 4 With Desalinization

Part C 2A Electrical Transmission Facilities

Part C 2A Liquid Natural Gas Terminals

Part C 2A 1 Gasification Facilities

Part C 2A 2 Re Gasification Facilities

Part C 3A Air Separation Units

Über Autor(innen)

Howard M. Steinberg is an advisor to and a retired partner of the law firm Shearman & Sterling LLP and has more than 25 years of legal experience in the infrastructure sector in more than 100 countries. He is named a leading lawyer in project finance by Chambers & Partners and IFLR 1000. He represents sponsors, offtakers, miners, suppliers, engineering firms, consultants, financial advisors, contractors, operators, underwriters, lenders, export credit agencies and multi-lateral institutions in the development, acquisition, restructuring and privatization of projects around the world. He holds bachelor’s and business degrees from Columbia University and a law degree from New York University.