EPC Contracts Management
Details
- Be familiar with the ‘building blocks’ of commercial contracts and understand how they interrelate to one another and what their purposes are
- Grasp the importance of considering risk management when entering into a commercial contract – have awareness of potential ramifications
- Understand the key features and components of an EPC contract
- Be aware of how bidding and tendering processes operate for the award of an EPC contract
- Know what to consider when pricing an EPC contract
- Understand the relationship between EPC contracts and host government agreements
- Be familiar with the different methodologies for resolving disputes that might arise as a consequence of operating a turnkey contract
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Personnel wishing to grasp an understanding of EPC contracts and their mechanics
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Legal personnel
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Procurement and tendering personnel
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Management tasked with running projects and dealing with stakeholders
Outline
- Understanding the ramifications of Indemnity; insurance and liability provisions
- Provisions relating to risk and performance
- Warranties and guarantees
- Termination clauses
- Damages – LDC’s
- Renegotiation clauses and review mechanisms
- Price escalation clauses
- Consequential loss exclusion clauses
- Dealing with breach of contract
- Assignment and novation of contract
- Force Majeure provisions
- Single point ownership – ramifications – advantages and disadvantages
- Time constraints (consider LDC’s in section 1)
- The fixed price basis – advantages and disadvantages
- Procurement responsibilities – ramifications
- Achieving/matching specification – quality and ‘fit for purpose’- what guarantees have been given?
- Environmental analysis – understanding where you are operating
- Competitor analysis – assessing competitors against what you are doing
- Performing Due Diligence – knowing who the stakeholders are; what their interests are and thinking in ‘scenarios’
- Understanding the classifications of risk that might impact upon an EPC contract – I.e. – financial risk; risk to the organisation (reputation; commitment of resources; etc.); risk of non-performance (consider topic 1 above) (risk of subcontractor non-performance); risk associated with regulatory compliance/- i.e. local content provisions – what are the ramifications of these? Political risk – instability; nationalisation, etc. (consider ‘Force Majeure’ above); organisational bias towards pricing bids and tenders; uncertainties/inconsistencies within FEED impacting price
- Establishing effective and realistic mitigation strategies (tied to bullet point 3 above)
- What are our project capabilities? (management and execution)
- Getting the focus right – what is included and what is excluded – (for example – are we also handling the commissioning – or simply delivering operational facility?)
- Checking scope against the project business case
- Considering resource requirements
- The importance of effective ‘trade-off’ decision making processes
- Identifying and managing critical lead times
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Tangible benefits/effects of a coherent CSR policy – entry to new markets; increased revenue; compliance with regulatory requirements etc.
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Intangible benefits – positive PR; enhanced corporate reputation; local community development; differentiation from competitors; retention of staff; strong supplier relationships; creation of sustainable competitive advantage, etc.
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Stakeholder Analysis – who are our stakeholders? Where are they located? How powerful are they? What is their impact/influence upon our business?
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Stakeholder Analysis – stakeholder groupings are not static
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Stakeholder Analysis – Corporate Strategic Initiatives and tactical realities – what is the role of the stakeholder?
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Stakeholder management and dispute resolution – managing the interface efficiently
Speaker/s
Special Offer
Early bird: Less SG$100 for registration on or before 22nd February 2016
Group discount: 10% discount for 3 or more participants
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