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Engineering, procurement and construction contracts (EPC contracts) are utilized for the development of power and energy projects. An EPC contract comprehensively addresses all aspects of the design, procurement, and construction of power and energy projects. 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 analyzes EPC contracts and their provisions, techniques, and principles.
Attendees will receive instruction and cover materials that will allow them to:
- Review the contents of an EPC contract, including provisions relating to the EPC contractor’s obligations, standards of performance, price and payment, the owner’s obligations, mechanical completion, substantial completion, final completion, performance testing, performance guarantees, liability and damages, delay liquidated damages, performance liquidated damages, limitation of liability provisions, warranties, force majeure, delay, scope changes, indemnification, insurance, termination and default, confidential information, and dispute resolution
- Discuss best practices for negotiating and drafting an EPC contract for a power and energy project
- Anticipate problem areas and potential claims and techniques for avoiding them
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.
PowerPoint presentations and case studies will be used for this course.
Tuesday, November 7, 2017
8:30 – 9:00 a.m. :: Registration and Continental Breakfast
9:00 a.m. – 5:00 p.m. :: Course Timing
12:00 – 1:00 p.m. :: Group Luncheon
EPC Contracts and Power & Energy Projects
- What are they and why are they used?
- Overview of a Typical EPC contract
Anatomy of an EPC Contract for a Power & Energy Project
- The EPC Contractor’s obligations
- Standards of performance
- Price and payment
- The Owner’s obligations
- Mechanical completion, substantial completion, and final completion
- Performance testing and performance guarantees
- Liability and damages, delay liquidated damages, and performance liquidated damages
- Limitation of liability provisions
- Force majeure
- Scope changes
- Termination and default
- Confidential information
- Dispute resolution
Wednesday, November 8, 2017
8:30 – 9:00 a.m. :: Continental Breakfast
9:00 a.m. – 12:15 p.m. :: Course Timing
Negotiating EPC Contracts for Power & Energy Projects
- Best practices, practical approaches
Avoiding and Managing Claims
- Common claims and their causes
- Best practices for avoiding and managing claims and disputes
- Navigating the disputes process
Judah Lifschitz, Esq., Principal and Co-President, Shapiro, Lifschitz & Schram
Judah Lifschitz is Principal and Co-President of Shapiro, Lifschitz & Schram and has extensive experience representing clients in the power and energy sector with regard to EPC contracts and construction of power plants. Mr. Lifschitz’s clients include utilities, merchant energy owners, and developers. Mr. Lifschitz’s experience includes winning one of the largest liquidated damages awards in the history of the construction industry relating to the late completion of a 1,080-megawatt combined cycle power plant in NY.
Mr. Lifschitz is an extraordinarily experienced trial attorney having tried cases to verdict in virtually every type of adjudicative forum – state and federal bench and jury trials, arbitrations, and Boards of Contract Appeals.
Mr. Lifschitz received a bachelor’s degree in 1974 from Yeshiva University, magna cum laude. In 1977 he received his juris doctor from George Washington University. He is regularly recognized as a Super Lawyer and a preeminent lawyer by Martindale-Hubbell. Mr. Lifschitz writes and lectures frequently on topics relating to construction law, EPC contracts, and power and energy.
Daniel A. Kapner, Esq., Shapiro, Lifschitz & Schram
Daniel A. Kapner, Esq. is a member of Shapiro, Lifschitz & Schram’s construction law, litigation and trial, and power and energy groups. Mr. Kapner has significant experience advising owners, contractors, and other clients to help achieve solutions to complex construction disputes. Prior to joining Shapiro, Lifschitz & Schram, Mr. Kapner was an associate at White & Case LLP where he represented foreign sovereigns and private entities in arbitrations involving EPC project disputes.
Sheraton Suites Galleria-Atlanta
2844 Cobb Pkwy SE
Atlanta, GA 30339
To reserve your room, please call 1-770-955-3900
Please indicate that you are with the EUCI group to receive the group rate.
The room rate is $169.00 single or double plus applicable taxes.
Room Block Dates:
A room block has been reserved for the nights of November 6 – 7, 2017.
Rate Available Until:
Make your reservations prior to October 6, 2017. There are a limited number of rooms available at the conference rate. Please make your reservations early.