EPC CONTRACT MANAGEMENT: NEGOTIATION, ADMINISTRATION AND RISK MANAGEMENT

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When

Mar 03, 2014 09:00 AM to
Mar 04, 2014 05:30 PM

Details

EPC CONTRACT MANAGEMENT: NEGOTIATION, ADMINISTRATION AND RISK MANAGEMENT

3rd & 4th March 2014

Singapore

 

Overview

This workshop provides a detailed insight into the key considerations for effective negotiation and administration of EPC Contracts.  Using practical, real-life examples, the workshop covers the lifecycle of an EPC Contract: factors to take into account when considering project structures, key issues of risk allocation to consider in negotiation and drafting, and techniques for dispute avoidance and management.  Delivered by experienced practitioners, the workshop provides a solid grounding to enable you to understand key issues of risk allocation on your next project whether your role is as Owner/Developer, Contractor, or Consultant.

WHO SHOULD ATTEND

  • Contractors and Sub-contractors.
  • Owners/Developers.
  • Project Managers.
  • Engineers.
  • Surveyors.
  • Industry consultants.
  • In-house lawyers

 

Event Highlights:

At the end of the workshop, attendees will:

  • Understand the wide range of procurements structures available for construction projects and the common standard form contracts in use in the region;
  • Recognise the key issues of risk allocation in drafting and negotiating EPC Contracts;
  • Appreciate the consequences of different drafting approaches; and
  • Be aware of different methods of dispute resolution in the construction industry, and the benefits and drawbacks of each.

 

Topic Featuring:


Administering EPC Contracts Part 2

Scheduling and record keeping [Note: proposed session ??ìC subject to availability of third party programming expert]:  Key considerations at a project level for monitoring progress and preserving entitlements to bring (or defend) claims.

Remedies

  • Liquidated damages: When should liquidated damages be used in EPC Contracts?  When can rights to liquidated damages be lost, and what are the consequences of this?  Drafting effective liquidated damages clauses.
  • Performance bonds/guarantees: An overview of the distinction between bonds and guarantees; and "on-demand" and conditional bonds.  How can a call on a bond be prevented?
  • Termination: Discussion of termination procedures and the implications of termination, with particular reference to the FIDIC suite of contracts.

Dispute Resolution

  • Adjudication: An overview of the SOPA Act and related legislation in the region, highlighting some tips and traps for both Owners and Contractors.
  • Arbitration: How to draft effective arbitration clauses (including discussion of examples of what not to do!)  What are the benefits and drawbacks of arbitration, and what are some of the techniques that can save you cost and time in running an arbitration?
  • Dispute boards: What are dispute boards and when might you seen them used? An overview of procedure and some tips for making the process effective.

Introduction to Procurement Structures and Contract Options

  • Review of common procurement structures, including Build-only, EPC, EPCM, Partnering, etc. and the impact on risk allocation.
  • Common standard forms in the Asia-Pacific region.The "pros and cons" of using standard form contracts.

A focussed analysis of some of the key risk allocation issues for EPC Contracts and how these can be addressed in contract drafting/administration, including:


  • Delay: How is delay dealt with in EPC contracts and what remedies are available?  Update on legal developments concerning concurrent delay, and how concurrency can be addressed through various drafting options.
  • Quality: How does the Ownerensure that the constructed works comply with the specified quality standard?
  • Physical conditions: How are physical conditions at the site treated ??ìC who takes site risk?  What site data could/should Owners provide?
  • Force Majeure:  What are the key principles of Force Majeure and what are the parameters of Force Majeure relief?  Discussion of "economic Force Majeure" and whether claims of this type have prospects of success.

Featuring Our Lead Expert Trainer:

Rob Palmer, Partner, Ashurst

Solicitor of the Supreme Court of England and Wales

Barrister and solicitor of the High Court of New South Wales

Barrister and solicitor of the High Court of New Zealand Bachelor of Laws, Victoria University of Wellington Bachelor of Arts (Honours), University of Otago

Admitted as a Fellow of the Chartered Institute of Arbitrators

Admitted as a Fellow of the Singapore Institute of Arbitrators

Admitted as a Fellow of the Australian Centre for Commercial International Arbitration

"Leading Lawyer" -Construction, Who's Who Legal 2012 and 2013 "Disputes Star" ??ìC Arbitration, Benchmark Litigation Asia-Pacific 2013

He's a Partner in Ashurst's Singapore office. Having been based in Southeast Asia since 2003, Rob has worked throughout the region, including in Thailand, Indonesia and Singapore.  He is listed in legal directories as one of Singapore's leading construction lawyers.

He has extensive experience in a wide range of dispute resolution procedures, including arbitration, litigation, mediation and expert determination, especially in international energy, construction and infrastructure projects.  He has conducted arbitrations under the rules of all the major arbitral institutions in the region. He has also drafted and negotiated construction contracts for major projects in the transport, utilities, power and oil & gas sectors.

He is qualified in New Zealand, New South Wales and England, and is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators and the Australian Centre for International Commercial Arbitration.  He is a member of the panel of arbitrators of the KLRCA and the ACICA 

 

 

Offer Date

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Register after 14th Feb

S $ 2299

Phone line 1:   +65 6633 5318

Phone line 2:   +65 6646 3917

Fax line:   +65 6399 3699

Email: register@crownleadership.com

Website: www.crownleadership.com

More information about this event…

Singapore
+65 6633 5318
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