Engineering Procurement & Construction Contracts Masterclass

Course Properties

Course date: 12-11-2017
Course End Date: 16-11-2017
Location Cairo

Program Overview

The workshop will provide delegates with a thorough understanding of EPC contracts which will assist them not only to identify and to address risks, during both the pre- and post contract award stages, but also in administering and applying these contracts in order to reduce claims and disputes whilst also enhancing the possibility and probability of completing the works on time, within budget and to the required standard.

Program Contents

  • Differences and similarities between EPC and EPCM forms of contract
  • Procurement and contract strategies
  • Introduction to the FIDIC suite of contracts
  • Introduction to the NEC suite of contracts
  • Bespoke contracts
  • Partnering
  • Joint ventures
  • Case study on the procurement route used on the National Multi Purpose Product Pipeline (NMPP) project in South Africa
  • PROCURING AN EPC CONTRACT
  • Public Tendering or Direct Negotiation
  • Two-stage tendering and ECI
  • Compiling the Tender dossier
  • Managing the Tender Process
  • Evaluating and awarding the Tender
  • Letters of award
  • Letters of intent
  • EVALUATION AND ALLOCATION OF RISKS IN EPC CONTRACTS
  • Identify and allocate risk
  • Project risk registers and the NEC risk register
  • Insurance, retention, bonds and guarantees
  • Limitation of Liability clauses
  • Indemnities and warranties
  • Case Study on strikes and other events affecting the Contract
  • MAKE-UP OF EPC CONTRACTS
  • The documents constituting the contract
  • General conditions
  • Particular Conditions
  • Implied terms
  • NECs Main and Secondary options
  • Draft the Employer's Requirements/Specifications/Works Information
  • Order of precedence clauses
  • Deal with ambiguities and inconsistencies between documents
  • Practical exercise on drafting the Particular Conditions of Contract and similar clauses or amendments
  • DUTIES OF THE PARTIES
  • The Contractor's main obligations
  • The Employer's main obligations
  • Subcontracting and subcontractors
  • Effecting payment and payment terms
  • Remedies due to non-payment (e.g. contractor's lien, suspension of the works, termination)
  • ADMINISTER AN EPC CONTRACT
  • Role and function of the contract administrator
  • The FIDIC Engineer
  • The NEC Project Manager and Supervisor
  • Issuing of instructions
  • Time for commencement and completion
  • Preparation, submission, updating and use of the contractor's Program
  • Early warnings
  • Variations
  • Claims for a revised completion date and for additional payment
  • Grounds to claim
  • Force majeure and other Employer's risk events
  • FIDIC's claim procedure
  • NEC Compensation Events
  • Procedure to notify compensation events
  • Use of the schedule of Cost Components to quantify claims
  • Assessment of compensation events
  • Claims by the Employer against the Contractor
  • Case study on the extent of variations issued with respect