2 Part Course  | 
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Turnkey EPC Contracts

2 Part Course  |  Learn to identify the various risks associated with the pre-completion phase of the project and how they are addressed in the structure and the documentation of the process

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A one-day course presented over two-half days in a virtual class from 9:30am to 1:00pm UK time

Part One

Session 1 – The Big Picture

  • The Main Objectives of an EPC Contract
  • Why Turnkey EPC formats became necessary in the mid-1990s;
  • Risk identification
    • Cost overruns
    • Delays
    • Performance re specification
  • Liquidated damages
    • Why important
    • Consequences if absent
    • Caps in infrastructure and utility projects
    • Caps in industrial and extractive industry projects
    • Consequences if containing punitive element
    • ‘Policing’ the damages
  • Performance bonds
    • On-demand
    • Caps
  • Retentions
    • Duration of retentions
    • Illustration of their effectiveness
  • The EPC project management of scope, cost, time
  • The importance of functional specifications
    • The FIDIC EPC concepts
    • Comparison with circumstances where absent
  • Design responsibility
  • Variation and change orders
    • Compliance with laws and regulations
    • Cost-benefit-analysis
    • Who can authorize it?
    • Lender protections
  • Completion guarantees
    • Theoretical method of calculation
    • Standardisation of approach


Session 2 – The Documentation

  • The FIDIC turnkey EPC contract agreement – 2017
    • General conditions
    • Particular conditions
  • The MF1 Contract
  • Circumstances where turnkey EPC (Engineering, Procurement and Construction) is not feasible
    • g. offshore wind
  • Division and allocation of risks
  • Commencement
  • Fossils and artefacts
  • Inspection
    • Testing
    • Rejection
  • Delays
    • Suspension
    • Resumption
  • Taking over
    • Completion tests
  • Defects liability
  • FIDIC EPC Contract price and payment
    • Price variations and adjustments
  • Termination by employer
  • Suspension and termination by contractor
  • A walk-through of the FIDIC Silver Book.



Part Two

Session 3 – Other Issues

  • Project Financing and the Lender Perspective
  • The construction tendering process
    • Pre-qualification
    • Invitation to tender
    • The bids and bid bonds
  • Contractor’s claims
  • Structure of insurances
    • CAR, ALOP, DSU
    • Marine cargo
    • Public liability
  • Force majeure
    • Natural FM
    • Political FM
  • Dispute adjudication
    • The ADRP process
    • Enforcement
  • Environmental impact analysis and environmental liability
  • The six ‘killers’ of project finance


Session 4 – Case Studies

  • Review of a series of cases where problems evolved during the construction implementation phase, with varying degrees of success in dealing with the resultant issues

Our trainer has a unique blend of experience in Law, Corporate Banking, Investment Banking, Corporate Financial Management, General Management and Workout. He has gained a worldwide reputation for the quality and depth of his training courses which have been developed and presented over 20+ years.

  • He trained as a lawyer at Cambridge and the Middle Temple and was called to the English bar.
  • 5 years with an American bank (Chase), the world’s largest financier of oil & gas projects, as a corporate relationship manager in New York and London. Whilst in this role, he was exposed to the development of the North Sea projects and petrochemicals.
  • 6 years: investment banking in Hong Kong and London (Wardley – the investment bank subsidiary of HSBC), primarily involved in mergers and acquisitions and corporate restructurings.
  • 6 years: CFO of a public group with a joint head office in the United States and Australia. In this role he was engaged in some 35 acquisitions, over 20 equity raisings and a large number of complex financings, many of them structured on a limited recourse basis.
  • 18 months: responsible for the ‘workout’ of a company in severe financial difficulties, being appointed as General Manager by KPMG.

For the past 20 years, our trainer has acted as an independent consultant and financial trainer. On the consulting side, he has been primarily involved in the financial modelling and structuring of power generation, LNG, mining, and petrochemical projects, as well as undertaking project vetting for a number of clients. On the training side, he conducts training courses in Financial Modelling, Loan Documentation, Project Finance and Corporate Finance, Corporate Valuation and M&A.

 

This course will enable participants to;
  • Understand why traditional contracts often fail to meet lenders' requirements in limited recourse financing transactions.
  • Identify key risks in the construction phase of projects and explore strategies for effective risk allocation.
  • Learn about various risk management structures and arrangements, including their application in the FIDIC Silver Book.
  • Examine related topics such as insurance coverage and dispute resolution mechanisms.
  • Review real-world case studies to understand the impact of construction-phase risks and mitigation strategies.

  • The course links & integrates the commercial aspects of the pre-completion phase to the documentation that controls it
  • This Turnkey EPC contracts training course has a strong practical bias.
  • Participants will take away a substantial body of written materials for further investigation and research.
  • EPC contract training will be accompanied by videos prepared by the trainer.
  • Delivered by a trainer with multidisciplinary expertise in law, finance, and operations.
  • Engaging Format - with Interactive webinars incorporating case studies and tailored discussions

This course is ideal for professionals involved in developing and financing infrastructure projects, particularly those utilizing limited recourse financing. Participants may include:

  • Treasury and analytical staff in construction companies.
  • Promoters of renewable energy projects.
  • Lenders and financial analysts.
  • Consultants and legal advisors.
  • Government officials in infrastructure planning and development.

The content is especially relevant for those seeking to understand risk management, contractual frameworks, and the financial nuances of the pre-completion phase.

In the great majority of project financings, the greatest challenge is to get the infrastructure built and get it to work to specification. Once it works, the chances of it subsequently failing are remote, save for political interference risk or macroeconomic risk. Accordingly, this pre-completion phase is ordinarily the period of greatest risk to both the financiers and the Sponsors of the project. This Turnkey EPC contracts training course will enable participants to identify the various and significant risks that are present in the construction phase of any project and to observe how those risks can be allocated, together with the variant arrangements that can be adopted. The treatment then follows how those structures are captured, and the contractual protections that are put in place in the FIDIC Silver Book.

  • I liked that the instructor gave a good background and explained some project related questions etc. He gave many good examples and guided us through the contract at a reasonable level.
Number of places:
Part 1

£ 795.00

Number of places:
Part 2

£ 795.00

Discounts available:

  • 2 places at 30% less
  • 3 places at 40% less
  • 4 places at 50% less
  • 5 places at 55% less
  • 6+ places at 60% less
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