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EPC Contracts for Power & Energy Projects

January 11-12, 2022 | Online

Sponsored by EUCI

Click Here to register ($1295)

An EPC contract is utilized for the development of power and energy projects and comprehensively addresses all aspects of the design, procurement, and construction of the project. It sets forth the duties, obligations, and responsibilities of the parties, defines the scope of work, allocates risk among the parties, and sets forth the financial obligations and entitlements of the parties. Understanding the provisions, mechanisms, and concepts regularly utilized in an EPC contract is critical to successfully developing a project from inception to commercial operation. 

This course will cover everything from conception to completion, with the end goal of teaching the attendees everything they need to know in order to go back to their organizations with a vast and holistic knowledge of the contracting process in order to participate in in-depth conversations.

Learning Outcomes

  • Review the objectives of EPC contracts (including enforceability, usability, allocation of risk, etc.) as well as the RFP and bidding process
  • Discuss the anatomy of the contract from its development and description to prerequisites, obligations, and issues
  • Identify how to negotiate EPC contracts including best practices, practical approaches, and the development of exhibits (i.e., order of precedence, personnel, security, permits, commissioning, etc.)
  • Gauge how to avoid, navigate, and manage claims



9:00 a.m. – 4:30 p.m. Central Time

EPC Contracts and Power & Energy Projects

  • What Are They and Why Are They Used?
  • Overview of A Typical EPC Contract
  • Objectives
    • Enforceability and Usability (Contract Administration)
    • Defined Relationships and Obligations
    • Allocation of Risk
  • RFP / Bid Process
    • Development of Bid Specification
    • Q&As
    • Submittal and Review of Commercial Bid / Pricing
    • Contract Negotiations and Markup
    • Technical Bid / Project Feasibility

Anatomy of an EPC Contract for a Power & Energy Project

  • Project Development / Description
    • Technical Specification
      • Bid Specification / Conformance Specification
      • Standards of Performance
      • Contractor Obligations
      • Owner Obligations
    • Project Milestones – Mechanical Completion, Substantial Completion, and Final Completion
    • Performance Testing and Performance Guarantees
    • Liability and Damages, Schedule Liquidated Damages, and Performance Liquidated Damages
    • Price and Payment
      • Work Schedule
      • Payment Schedule – Deliverables and Milestones
      • Cash Flow / Drawdown Schedule
      • Time and Materials / Unit Pricing
    • Delays
      • Corrective Plans
      • Recovery Plans
    • Changes
      • Scope Change
      • Change Order Process
      • Pricing Change (Markups)
      • Schedule Change
    • Environmental Conditions / Hazardous Materials
  • Contractor Prerequisites – Utility Policies and Protocols
    • Contractor Safety Program
    • Utility Administrative Control Directives (Fit for Duty / Access Authorization Screening / Other)
    • Code of Conduct
    • Diversity Requirements / EEOC
    • Collective Bargaining Agreements
    • Cybersecurity – Information Security
    • Invoicing
    • Audit / Books & Records
    • Quality Management / Inspection / Testing / Documentation
    • Key Personnel
    • Major Subcontractors
    • Contractor Liens/ Bonding / Lien Waivers and Releases
    • Taxes
  • Regulatory Obligations
    • Regulatory Approval / Conditions Precedent – Certificate of Public Convenience and Necessity, Resource Planning, Cost Recovery, Interconnection, Affiliated Transactions, and Service Quality
    • Confidentiality: NERC/FERC/NRC; Proprietary Information/Trade Secret
    • Offshore Work and Data Transfer
    • Environmental Compliance
    • Bulk Power System / National Security
  • Commercial Issues
    • Limitation of Liability
    • Warranties
    • Force Majeure, COVID-19 Impacts
    • Indemnification
    • Insurance
    • Termination for Convenience and Termination for Default
      • Termination Payment Schedule
    • Financial Security – Letter of Credit / Parent Guarantee
    • Project Financing
    • Assignment – Permitted Transfer / ROFO
    • Boilerplate Provisions


9:00 a.m. – 12:00 p.m. Central Time

Negotiating EPC Contracts for Power & Energy Projects

  • Best Practices and Practical Approaches
  • Development of Exhibits
    • Order of Precedence
    • Technical Specification – Conformance Specification / Standards of Performance
    • Key Personnel
    • Contractor Safety Program
    • Major Subcontractors / Approved Equipment Suppliers
    • Financial Security – Letter of Credit / Parent Guarantee
    • Price and Payment Schedule (Time and Materials / Overtime)
    • Optional Pricing Schedule
    • Permits – Contractor / Utility
    • Reporting Requirements (Daily / Weekly / Monthly / Quarterly)
    • Spare Parts List
    • Training Programs
    • Document Submittals
    • Commissioning / Testing Plan
    • Environmental / Site Description

Avoiding and Managing Claims

  • Common Claims and Their Causes
  • Best Practices for Avoiding and Managing Claims and Disputes
  • Navigating the Disputes Process