EPCIC Contracts Management

Engineering, Procurement, Construction, Installation & Commissioning

Introduction

For complex projects, the preferred contract module used is the EPCIC (Engineering, Procurement, Construction, Installation & Commissioning) Contract. Though it is the preferred method, it is not without its issues and mastering the ins and outs of EPCIC contracts will prove to be a worthwhile endeavor in minimising risks and liabilities.

This LAKESHORE ISL EPCIC Contracts Management training course is specifically designed to address the key issues as it relates to all the parties involved in 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 minimise these risks through effective contracting strategies.

This LAKESHORE ISL training course is specifically designed to provide participants with a well- tested and practical guide:

• 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

Objectives

Participants attending this LAKESHORE ISL training course will:

• Understand the current global, local and financial environment for EPCIC contracts
• Examine and analyse the difference between with EPCIC contracts & EPCM and appreciate the underlying legal principles
• Assess operational, commercial, legal and financial risks in EPCIC contracts
• 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

Training Methodology

This interactive LAKESHORE ISL EPCIC Contracts Management training course will provide the participants an ideal opportunity to improve and sharpen their skill sets in planning, negotiating and managing EPCIC contracts through interactive session with role playing, case studies, discussion groups and scenario building and the high-point of the training course being a simulation exercise of an EPCIC contract negotiation involving interactive role play by the participants. The objective of the interactive role-play is to enable participants to apply the knowledge and understanding gained at the workshop to negotiate a more effective EPCIC contract. This will help participants gain practical insights into managing the risks and enhancing their rewards.

Organisational Impact

EPCIC contracts is the preferred contract module for major complex projects in the construction, oil and gas, infrastructure, power generation and other industries. Your organisation will benefit from this training course by:

• Gaining expertise and improving knowledge and skill sets of personnel dealing with EPCIC contracts on its essential terms and conditions
• Know the other types of construction contracts and how it compares with EPCIC contracts to work out best contract strategies
• Understand the risk factors in EPCIC and how to mitigate them before they affect profits and bottom lines
• Enhancing internal capacity to manage key contractual risks
• Better managing claims and disputes and avoiding adversarial approaches
• Enhancing contract personnel negotiation skills

Personal Impact

Attendees will gain by participation in this training seminar as a result of:

• Appreciating the terms and conditions of EPCIC contracts
• Managing and mitigating risks associated with EPCIC contracts
• Ensuring smooth contract administration
• Dealing with critical issues involved with contract completion
• Choosing most appropriate form of dispute resolution
• Enhancing your ability to negotiate and manage claims and disputes with confidence

Who Should Attend?

This LAKESHORE ISL training course is suitable for a wide range of profession, but will greatly benefit:

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

Seminar Outline

DAY 1

EPCIC Overview, Legal Framework & Contract Structure and Risk Allocation

• Maximising Parties Rights and Interests with Appropriate Contracting Strategy
• Contractor’s Single Point of Responsibility
• Split Contract Structure
• Exercise in Choosing the Right Contract Structure for your Project
• Exercise in Preparing for the Tender Exercise, Tender and Award – discussing and analysing different strategies 

DAY 2

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 

DAY 3

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 

DAY 4

Essential Aspects of Risk Management Strategies

• Design, Technology & Process Risk
• Procurement & Specification risk
• Variations and Cost Impact
• Payment and Multi-currency Contracts
• Delay and Liquidated Damages
• Completion and Testing & Effects of Acceptance 

DAY 5

Contract Completion – Critical Issues

• 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