Training EPCIC Contract Management in Offshore and Marine

INTRODUCTION

EPCIC (Engineering, Procurement, Construction, Installation & Commissioning) Contract is the most commonly used form of construction contract. In particular for complex projects, the preferred contract module that is used is . Mastering the ins and outs of contracts will prove to be an essential tool in driving effective contracting strategies to minimize delays, cost overruns and liability issues.

This EPCIC Contracts Management in Offshore & Marine training course for both Offshore and Marine is specifically designed to address the key issues as it relates to all the parties and stakeholders who are involved in the execution of the contract.  and as to the best means available to allocate and manage their risk and liabilities. Under an EPCIC model, the main contractor carries the risks for the project, they must, at the same time minimize these risks through effective contracting strategies.

This EPCIC Contracts Management in Offshore & Marine training course is specifically designed to provide participants with a well- tested and practical guide on:

• Putting EPCIC in the context of the different models of EPC Contracts
• The inherent risk, liabilities and benefits of employing various contracting strategies
• The challenges of EPCIC lump sum contracts and the ways to manage cost over-runs
• Structuring the contract to address the issues of the several parties to the contract to ensure a positive project outcome. Pros and Cons of the split EPCIC contract form
• Insights into the current issues affecting EPCIC contracts like pollution, HSE and local content; managing contractor concerns

PROGRAM OBJECTIVES

• Understand the current global, local and financial environment for EPCIC contracts and assess operational, commercial, legal and financial risks in EPCIC contracts
• Examine and analyse the difference between with EPCIC contracts & EPCM and appreciate the underlying legal principles
• Appreciate the essential element of the different contract stages from pre to post tender to completion and delivery of project
• Address key issues faced during project lifecycle and how to tackle these through enforceable contractual clauses
• Avoiding drafting pitfalls and ambiguous contractual terms

WHO SHOULD ATTEND?

• Commercial Contract Professionals
• Commercial Operation Professionals
• Contract Engineers
• Procurement Supply Chain Professionals
• Risk Manager / Contract Risk Professionals

PROGRAM OUTLINE

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
• Case Study & Drafting Exercise Issues Faced During Contract Life Cycle by Aligning Contractual Terms to Project Management
  • Managing Coordination Issues
  • Handling Completion Issues
  • Liquidated Damages
  • Dispute Resolution
  • Enforcing of Commencement and Completion Dates
    

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
  

• 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