Serving the energy industry for over 30 years
By - Jon Brown

EPC Contracts for Power & Energy Projects
January 25-26, 2021 | Online :: Central Time

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Overview

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
  • Learn 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

Credits

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EUCI has been accredited as an Authorized Provider by the International Association for Continuing Education and Training (IACET).  In obtaining this accreditation, EUCI has demonstrated that it  complies with the ANSI/IACET Standard which is recognized internationally as a standard of good practice. As a result of their Authorized Provider status, EUCI is authorized to offer IACET CEUs for its programs that qualify under the ANSI/IACET Standard.

EUCI is authorized by IACET to offer 1.0 CEUs for this event.

 

Requirements for Successful Completion of Program

Participants must sign in/out each day and be in attendance for the entirety of the course to be eligible for continuing education credit.

Instructional Methods

PowerPoint presentations and case studies will be used for this course.

Agenda

Monday, January 25, 2021 : Central Time

8:45 – 9:00 a.m. :: Log In and Welcome

9:00 a.m. – 4:30 p.m. :: Course Timing

12:30 – 1:15 p.m. :: Lunch Break


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

Tuesday, January 26, 2021 : Central Time

8:45 – 9:00 a.m. :: Log In

9:00 a.m. – 12:00 p.m. :: Course Timing


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

Instructors

Michael W. Kaphing, Partner, Taft Law

Mike focuses his practice principally in the areas of general commercial litigation, energy and utility industry litigation, legal malpractice defense, banking litigation, real estate foreclosure, land use and planning and zoning litigation, judgment enforcement and collections and lease disputes.

As part of his litigation practice, Mike has handled a variety of disputes involving business contracts, utility property damage, right-of-way disputes, loan defaults, commercial leases, land use and real estate matters and has successfully represented a broad range of clients in all phases of litigation through appeal and judgment enforcement. Prior to joining Taft, he worked in the gas field and also as a law clerk for a Fortune 500 gas and electric utility company.


Matthew A. Sanders, Associate, Taft Law

Matthew is an associate in the Energy Practice Group. He has a diverse energy law practice, representing Midwestern utility clients in a variety of commercial transactions including infrastructure development, EPC contracts, PPAs, large generator interconnection, equipment and materials, software agreements, construction services, professional services, and utility supply chain. He has worked on matters in all types of generation – renewable, fossil, and nuclear – and has supported the procurement, siting, and regulatory approvals for electric and gas transmission and distribution infrastructure.

Matthew’s representation of utilities in commercial matters is informed by his work on numerous contested cases before public utilities commissions, and he understands how the need for cost recovery must inform utility decisions to achieve efficient outcomes.

Prior to joining Taft, Matthew was an energy attorney in Boston, where he represented clients in proceedings before the Massachusetts Department of Public Utilities and Energy Facilities Siting Board.

Online Delivery

We will be using Microsoft Teams to facilitate your participation in the upcoming event. You do not need to have an existing Teams account in order to participate in the broadcast – the course will play in your browser and you will have the option of using a microphone to speak with the room and ask questions, or type any questions in via the chat window and our on-site representative will relay your question to the instructor.

  • You will receive a meeting invitation will include a link to join the meeting.
  • Separate meeting invitations will be sent for the morning and afternoon sessions of the course.
    • You will need to join the appropriate meeting at the appropriate time.
  • If you are using a microphone, please ensure that it is muted until such time as you need to ask a question.
  • The remote meeting connection will be open approximately 30 minutes before the start of the course. We encourage you to connect as early as possible in case you experience any unforeseen problems.

Register

Please Note: This event is being conducted entirely online. All attendees will connect and attend from their computer, one connection per purchase. For details please see our FAQ

If you are unable to attend at the scheduled date and time, we make recordings available to all registrants for three business days after the event

Event Standard RateAttendees
Single Connection - EPC Contracts for Power & Energy ProjectsUS $ 1295.00
Pack of 5 connectionsUS $ 5,180.00
Pack of 10 ConnectionsUS $ 9,065.00
Pack of 20 ConnectionsUS $ 15,540.00
Call us at 303.770.8800 if you have any specific questions on the volume discounts
* all other discounts do not apply to license packs

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Cancellation Policy

Your registration may be transferred to a member of your organization up to 24 hours in advance of the event. Cancellations must be received on or before December 18, 2020 in order to be refunded and will be subject to a US $195.00 processing fee per registrant. No refunds will be made after this date. Cancellations received after this date will create a credit of the tuition (less processing fee) good toward any other EUCI event. This credit will be good for six months from the cancellation date. In the event of non-attendance, all registration fees will be forfeited. In case of conference cancellation, EUCIs liability is limited to refund of the event registration fee only. For more information regarding administrative policies, such as complaints and refunds, please contact our offices at 303-770-8800

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