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Understanding and Negotiating EPC Contracts, Volumes 1 & 2

Understanding and Negotiating EPC Contracts, Volumes 1 & 2

Author: Howard M. Steinberg
Publisher: Routledge
ISBN: 9781138285477
Published In: November 2016
Format: Hardback (2 volumes)
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

In Understanding and Negotiating EPC Contracts, Howard Steinberg presents a practical and comprehensive guide to understanding virtually every aspect of engineering, procurement and construction (EPC) contracts for infrastructure projects.

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 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.

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 these two volumes 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.

Volume 1:

Foreword

Introduction

a historical perspective

Choosing a development approach

The EPC contractor’s approach

Beginning the evaluation process

Full-scale development

Philosophy of the EPC contract

Subcontractors

Site or route survey

The work

The sponsors obligations under the EPC contract

Monitoring the progress of the work

Unforeseen circumstances, adjustments and change orders

The EPC contractor’s failure to perform

The owner’s failure to discharge its responsibilities

Unexpected market conditions

Testing and completion of the work

liquidated damages for delay and impaired performance

The EPC contractor’s warranties of the work

Security for the EPC contractor’s performance

limitations on overall liability and contract expiration

Payment for the work

Title and other legal matters

Indemnification and insurance

Dispute resolution and governing law

Interested third parties

Afterword

Table of case citations

Index

Glossary

Volume 2:

Reader’s note

Foreword

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: Power plant specific provisions

Electrical transmission facilities

Liquid natural gas terminals

Air separation units. Index.