Joseph A. Huse – Understanding and Negotiating Turnkey and EPC Contracts 2e pdf
English | Tutorial | Size: 206.57 MB
This work is a practical commentary on the FIDIC standard turnkey contract widely used in the international construction industry. The provisions of this standard contract have recently been redrawn, necessitating a revision of popular text.It provides clause-by-clause analysis of the contract, accompanied by practical guidance on its application in specific projects. It also reproduces the contract in full as an appendix.
From the introduction: When drafting international construction contracts, practitioners often use standard form contracts as a basis for their documents. The form contract provides a familiar starting point to ease the drafting burden and facilitate negotiation.
The Federation Internationale des Ingenieurs-Conseils (FIOIC) has recently published a new form contract for use with the design and construction of works using the engineer, procure, construct or turnkey contracting method. This contract, the FIOlC Conditions of EPC/turnkey Projects (the Silver Book), is aimed at situations where bids are invited on an international basis; with some modification the contract could be used, in certain countries, for domestic contracts as well.
The purpose of this book is twofold: (i) to provide a comparison of the terms of the principle design-build/EPC/turnkey contracts; and (ii) to assist contract drafters in their analysis of the Silver Book and in the modification of its provisions to meet the specific needs of the project in question. The final chapter gives drafting suggestions for selected contract provisions of the Silver Book from the perspective of both the contractor and the employer.
1 Types of Contract
2 Turnkey and EPC Contracts
3 FIDIC Design-Build, Turnkey and EPC Contracts
4 The Use of the FIDIC Silver Book in the Context of a BOT Project
5 The Contract
6 The Employer
7 The Employer’s Administration
8 The Contractor
10 Staff and Labour
11 Plant, Materials and Workmanship
12 Commencement, Delays and Suspension
13 Tests on Completion
14 Employer’s Taking Over
15 Defects Liability
16 Tests After Completion
17 Variations and Adjustment
18 Contract Price and Payment
19 Termination by Employer
20 Suspension and Termination by Contractor
21 Risk and Responsibility
23 Force Majeure
24 Claims, Disputes and Arbitration
25 Negotiations of the Silver Book
Format: Scanned PDF
Length: 925 pages
Published: 2002 by Sweet and Maxwell