Construction / Building Law

Understanding and Negotiating EPC Contracts, Volumes 1 & 2

By Howard M. Steinberg
Routledge November 2016

Specifications

ISBN-13
9781138285477
Publisher
Routledge
Publication
November 2016
Format
Hardback (2 volumes)
Jurisdiction
U.K. ? Countri(es) for reference only

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.

Table of Contents

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.
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