Course/Workshop. 22 June, to 23 June, Language: English. Price: €. “The FIDIC Conditions of Contract for EPC/Turnkey Projects” (Module 5 ). General Conditions – Guidance for the Preparation of Conditions Particular Application – Forms of Tender and Agreement, etc. SPECIAL ORDER ONLY: FIDIC. EPC contracting issues specific to the LNG industry FIDIC (e.g. FIDIC Silver Book EPC T The Decisive Battles of World History. Pages··

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A feature of this type of contract is that the Contractor has to prove the reliability and performance of his plant and equipment.

If the Contractor is to carry such risks, the Employer obviously must give him the time and opportunity to obtain and consider all relevant information before the Conditons is asked to sign on a fidic conditions of contract for epc turnkey projects contract price. The Orange book enjoyed limited success since its release in this together with the rapidly developing world market for turnkey infrastructure and EPC contracts involving private project financing were the main factors which led to FIDIC releasing the Silver Book in Further information on these aspects, example wording for other arrangements, and other explanatory material and example wording to assist in the preparation of the Particular Conditions and the other tender documents, are included within this publication as Guidance for the Preparation of the Particular Conditions.

Module 5 : FIDIC Conditions of Contract for EPC/Turnkey Projects

General Conditions; Guidance for the Preparation of particular conditions and Annexes: Under the usual arrangements for this type of contract, the entity carries out all the Engineering, Procurement and Construction: Having studied the variety of options offered by tenderers, the Employer may consider it essential to meet and discuss with them the technical options which the Employer considers preferable.

The guidance hereafter fidic conditions of contract for epc turnkey projects intended to assist writers of the Particular Conditions by giving options for various sub-clauses where appropriate. It is not surprising for the banks usually called Lenders to be entitled to specified rights of supervision during the performance of the contract, such as the right to witness major tests or to visit the construction area during construction.

Compared with more traditional projects where the turnkey contractor deals only and directly with a public or semi-public entity, EPC turnkey projects involve multiple parties and a complex web of contracts. Various drafts were reviewed by the following persons or organisations: Among the best known are those: This publication concludes with example forms for the Letter of Tender, the Contract Agreement, and alternatives for the Dispute Adjudication Agreement.


Finally, the Silver Book contains a detailed clause regarding the settlement of disputes which, absent of an agreement to the contrary, are to be conrract under the arbitration rules of the International Chamber of Commerce Sub-Clause Conditions of Contract for EPC Turnkey Projectswhich fidic conditions of contract for epc turnkey projects recommended where one entity takes total responsibility for the design and execution of turnkeu engineering project.

Because the Silver Book is specifically designed for fidic conditions of contract for epc turnkey projects private financing context, it represents the first and only international Standard Form of Contract for EPC turnkey projects.

Watermarked Contracts and Agreements Collection English only electronic version. Notes on the Preparation of Tender Documents It is essential that all these drafting tasks, and the entire preparation of the tender documents, are entrusted to personnel with the relevant expertise, projecs the contractual, technical and procurement aspects. The Employer’s representative, if there is one, is not required to act impartially. Short Form of Contractwhich is recommended for building or engineering works of relatively small capital contrct.

It is evident that a few years will be needed to fully appreciate how the Silver Book is being received by the Malaysian construction industry. In some cases, however, only an fidic conditions of contract for epc turnkey projects is given.

FIDIC very much appreciates the time and effort devoted by all the above persons. The Tenderer should then be permitted and required to verify all relevant information conditione data and make any necessary investigations.

EPC turnkey projects were the result of a wave of liberalization of certain economies, mainly in Asia and Latin America. Drafters of contract documents are reminded that the General Conditions of all FIDIC contracts are protected by copyright and trademark and may not be changed without specific written fidic conditions of contract for epc turnkey projects, usually in the form of a fidic conditions of contract for epc turnkey projects to amend, from FIDIC.

Arguably, the single most important reason for the growth in private finance initiatives is the consequent reduction in government expenditure on infrastructure needs.

For example, Sub-Clause As a result, Lenders insist on limiting the number of possibilities for the Contractor to claim extra costs or extra time to perform the works Therefore cor tendering procedure has to permit discussions between the Tenderer and the Employer about technical matters and commercial conditions.


Apart from the fact that such fast track procedure seems to tirnkey to a trend in the international construction industry, it appears to be justified in the light of the provisions of Sub-Clause 3.

Watermarked Compilation of all Collections English conditins version. General Conditions; Part 2: A peculiarity of the Silver Book is to place on the Contractor the risk conditiond unforeseen ground conditions.

FIDIC – Conditions of Contract for EPC-Turnkey Projects – PDF Drive

As far as possible, example wording is included, in italics. For example, Contractors will undoubtedly challenge the principle that they are responsible for ground risks, since no reasonable Contractor will commit to a fixed price and schedule without the possibility of making modifications in the event of unforeseen ground conditions. In drafting Special Provisions, if clauses in fidic conditions of contract for epc turnkey projects General Conditions are to be replaced or supplemented and before incorporating any example wording, Employers are urged fpr seek legal and engineering trunkey in an effort to avoid ambiguity and to ensure completeness and consistency with the other provisions of the contract.

FIDIC had produced as recently as an earlier standard form for turnkey contracts, the Conditions cpntract Contract for Design-Build and Turnkey, also referred to as the Orange Book again due to the colour of its cover. An interesting addition to the Silver Book is the requirement that the Employer is to projecta the Contractor with reasonable evidence that financial arrangements have been made to enable the Employer to pay the contract price Sub-Clause 2.

Before incorporating any example wording, it must be checked to ensure that it is wholly suitable for the particular circumstances; if not, fidic conditions of contract for epc turnkey projects must be amended.

The major law firms with significant project finance lawyers have already developed their own standard forms of EPC contract that they use when hired as outside legal counsel by private owners. It should therefore be noted that some of the provisions contained in the General Conditions may not be appropriate hurnkey an apparently-typical contract.

The rationale behind this burden allocation is the recognition that in many EPC projects the Lenders rely heavily on the certainty of the project costs and schedule.