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Advanced EPC Contracts for Utilities

August 18 - 19, 2026 Denver, CO EUCI

EPC contracts are critical in delivering large-scale utility projects efficiently and cost-effectively. These contracts provide a structured approach to project execution, ensuring accountability, performance guarantees, and financial predictability. However, as projects grow more complex, so do the contracting models, making it essential for professionals to move beyond the fundamentals and master advanced EPC strategies.

This advanced course will review EPC models, equipping participants with the expertise to manage the most pressing challenges in project delivery. Unlike introductory EPC courses, which focus on contract fundamentals, this program addresses the real-world complexities of large-scale infrastructure projects. Participants will learn how to:

  • Structure contracts to balance cost certainty with project flexibility.
  • Manage contractor relationships and financial risks in GMP and EPCM models.
  • Navigate delays, scope changes, and performance guarantees with well-defined contract terms.
  • Ensure successful project completion while minimizing disputes and liability exposure.

This course is designed for utility executives, project managers, engineers, legal counsel, and procurement professionals who need to refine their expertise in EPC contracting and improve project outcomes.

If you're involved in structuring, negotiating, or managing EPC contracts, this advanced course will provide the tools and strategies needed to drive successful project execution. Join us to gain deeper insights and practical solutions for complex utility projects.

Learning Outcomes

  • Explain the fundamental structure, purpose, and key elements of an EPC agreement.
  • Compare and contrast EPC-GMP, EPCM, and EPCM-GMP contract structures.
  • Analyze the components of an EPC-GMP contract.
  • Access the scope, roles, and responsibilities in an EPCM contract.
  • Develop strategies for integrating EPCM with GMP.

Register

REGISTER NOW FOR THIS EVENT:

Individual attendee(s)$ 1395.00 each(early bird rate)
(price after July 31, 2026 is $ 1,595.00)
Volume pricing also available

Individual attendee tickets can be mixed with ticket packs for complete flexibility

Pack of 5 attendees$ 5,930.00 (15% discount)(early bird rate)
(price after July 31, 2026 is $ 6,780.00)
Pack of 10 attendees$ 11,160.00 (20% discount)(early bird rate)
(price after July 31, 2026 is $ 12,760.00)
Pack of 20 attendees$ 20,925.00 (25% discount)(early bird rate)
(price after July 31, 2026 is $ 23,925.00)

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 July 17, 2026 in order to be refunded and will be subject to a US $295.00 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

Day one

Tuesday, August 18, 2026

Day two

Wednesday, August 19, 2026

Agenda

Tuesday, August 18, 2026

Denver, CO

Registration & Catered Breakfast

8:00 AM

Group Luncheon

12:00 - 1:00 PM

Adjourn for the day

4:00 PM

8:00 AM - 8:30 AM

Registration & Catered Breakfast

12:00 - 1:00 PM

Group Luncheon

8:30 AM - 4:00 PM

Course Timing

Introduction and Overview

  • The EPC Agreement
    • Purpose
    • Application
      • Industrial, power, pharma
    • Project delivery structure
    • Essential elements of a basic EPC agreement

Advanced Models

  • EPC – GMP (Guaranteed Maximum Price)
    • Basic definition
    • Purpose
  • EPCM (Engineering Procurement Construction Management)
    • Basic definition
    • Purpose
  • EPCM-GMP
    • Basic Definition
    • Purpose

EPC -GMP Model

  • Understanding “Guaranteed Maximum Price” concept
    • What a GMP is
    • What a GMP is not
    • Typical GMP contracting timeline
  • Outline of EPC-GMP Agreement
    • Basic EPC Clauses
        • i.e., scope, payment, changes, differing site conditions, disputes, termination, default etc.
    • Unique EPC-GMP Clauses
        • i.e., GMP proposal, reimbursable costs, non-reimbursable costs, GMP amendment, fee, general conditions, contingency, audit etc.
  • Anatomy of an EPC-GMP Agreement
    • Design services
    • GMP Scope of Work
    • Reimbursable Costs
    • Non-Reimbursable Costs
    • GMP Proposal
      • Timing of submission
      • Proposal requirements
        • GMP price proposal
          • Detailed estimate
          • Open book process
            • Subcontractor quotes
            • takeoffs
          • Supporting documentation
        • Detailed CPM schedule
          • Mechanical and Substantial Completion
          • Final Completion
      • Exclusions and clarifications
      • Pricing Elements
        • “Cost of the Work”
        • General Conditions
        • Fee
        • Contingency
          • Buy out contingency
          • Contractor Contingency
          • Approval requirements
        • Savings
          • Definition
          • % split
    • Establishing the GMP
      • Owner Review
      • Negotiating the GMP
      • Failure to Agree on GMP
        • Termination provision
        • Termination payment/liability
    • The GMP Amendment
      • Form
      • Key elements
        • Detailed basis of the GMP
        • Detailed scope of work
        • Exclusions and clarifications
        • GMP Price
          • Detailed breakdown
            • Agreed schedule of values
          • General Conditions
            • Cost reimbursement
            • Fixed sum
          • Contingency
            • Type of contingency (ies)
            • Use of contingency
            • Approval Requirements
            • Accounting and reporting
          • Fee
            • % of “Cost of Work”
            • Fixed sum
          • Savings
            • Agreed %
    • Applications for Payment
      • Basis for payment
          • Schedule of values and percentage of completion
          • Monthly cost reimbursement
      • Payment Application documentation requirements
          • Lien and claim releases
          • Monthly detailed report of Cost of the Work
      • Managing contingency
    • Final Payment
      • Establishing project final cost
          • Contractor final cost submission
            • Report of final Cost of the Work
            • Accounting documentation
            • Calculation of Savings
          • Owner audit
          •  
          •  
      • Establishing final cost and Savings
      • Disputes

The EPCM Model, Part 1

  • Construction Management
    • Definition
    • Types of construction management models
      • Advisor
      • Agent
      • CM at Risk
    • Construction contractor/subcontractor models
      • Held by Owner
      • Held by CM
  • EPCM model vs EPC model?
    • Similarities
    • Differences
  • Anatomy of an EPCM Agreement
    • Scope of Work
      • Design
      • Procurement
      • Construction management
          • Management of contractor/subcontractors
          • Financial management and reporting
          • Schedule management and reporting
          • Changes and change management
          • Role of owner
    • Price and payment
      • Fixed price
      • Cost reimbursement
      • CM at risk - GMP
    • Financial security
      • Bonds
      • Letter of Credit
      • Guarantee
    • Liens
      • Lien releases
    • Time
      • Schedule
      • Delays
      • Liquidated damages
    • Mechanical and Substantial Completion
    • Performance guarantees
      • Performance liquidated damages
    • Warranty
    • Safety
    • Hazmat Responsibility
    • Liability and Indemnification
    • Termination
    • Disputes

Agenda

Wednesday, August 19, 2026

Denver, CO

Catered Breakfast

8:00 AM

Adjourn for the day

12:00 PM

8:00 AM - 8:30 AM

Catered Breakfast

8:30 AM - 12:00 PM

Course Timing

Impact of Contract Type on Common Problems Encountered on EPC Power Projects

  • Introduction and Overview
    • Problems arise on Construction Project
      • Have experience from all perspectives
        • EPC Contractor
        • Utility/IPP
        • Subcontractor to EPC
        • Different delivery methods
          • EPC-GMP
          • EPCM
          • EPCM-GMP
    • All construction projects have three primary characteristics
      • Cost
      • Schedule
      • Quality
      • Can optimize any 2
    • Cost, Schedule and Quality are impacted differently
  • Poor Scope Definition
    • Misjudging indirect/field overly site logistics, temporary facilities
    • Unrealistic assumption about Project deliverables
    • Scope Complexity
    • Missed cost element due to incorrect design information
    • Risk/Contingency
    • Scope Creep
    • Pilot Plant
    • Impact
      • Construction Cost - High
      • Construction Schedule - High
      • Construction Quality – Medium/Low
    • Contract Effect
      • EPC-GMP
      • EPCM
      • EPCM-GMP
  • Unrealistic Schedules
    • Fitting Project to Schedule
    • Compressing schedule to overcome early delay
    • Not addressing delays/time extensions
    • Overly optimistic Productivity Analysis
    • Overly optimistic Delivery Schedule
    • Impact
      • Construction Cost - Medium
      • Construction Schedule
      • Construction Quality
    • Contract Effect
      • EPC-GMP
      • EPCM
      • EPCM-GMP
  • Risk Management Issues
    • No risk registers
    • Not performing Risk Analysis at Front
    • Not categorizing Risk by quantitative input
      • Escalation
      • Weather
      • Interconnect/Transmission Delay
      • Extreme Weather
    • Impact
      • Construction Cost - High
      • Construction Schedule - High
      • Construction Quality - Medium
    • Contract Effect
      • EPC-GMP
      • EPCM
      • EPCM-GMP
  • Insufficient Front-End Engineering
    • Engineering choices don’t align with cost on delivery assumption
    • Procurement effects
    • Excessive RFI’s /Design Change
    • Impact
      • Construction Cost
      • Construction Schedule
      • Construction Quality
    • Contract Effect
      • EPC-GMP
      • EPCM
      • EPCM-GMP
  • Lack of Contractor Alignment
    • Lack of clarity on sequencing
    • Engineering assumptions don’t align with cost
    • Late design change
    • Procurement delay
    • Impact
      • Construction Cost - Medium
      • Construction Schedule - High
      • Construction Quality - Medium
    • Contract Effect
      • EPC-GMP
      • EPCM
      • EPCM-GMP
  • Delayed Procurement of Long-Lead Items
    • Undetermined Schedule
    • Delay related work
    • Incorrectly sequenced work – Modules/skid
    • Impact
      • Construction Cost - High
      • Construction Schedule - High
      • Construction Quality - Medium
    • Contract Effect
      • EPC-GMP
      • EPCM
      • EPCM-GMP
  • Weak Change Management Process
    • Inadequate contingency for scope evolution
    • Lack of structural change and evolution managed prior
    • Lose control over goal – Surprises
    • Lose control over schedule – Surprises
    • Rework
    • Impact
      • Construction Cost - High
      • Construction Schedule - Medium
      • Construction Quality - High
    • Contract Effect
      • EPC-GMP
      • EPCM
      • EPCM-GMP
  • Field Execution Disconnects
    • Gaps arise from disconnect between engineering and field
      • Delays
      • Increased cost
    • Impact
      • Construction Cost - Medium
      • Construction Schedule - High
      • Construction Quality - High
    • Contract Effect
      • EPC-GMP
      • EPCM
      • EPCM-GMP
  • Poor Communication and Reporting
    • Lack of situational awareness
    • Cause reaction manages
    • Ignoring of lesson learned on a prior projects
    • Impact
      • Construction Cost - Medium
      • Construction Schedule - Medium
      • Construction Quality - Medium
    • Contract Effect
      • EPC-GMP
      • EPCM
      • EPCM-GMP

The EPCM Model, Part 2

  • The Contract with the Constructor
    • Contracting Parties
    • Scope of Work
    • Roles and authority
      • EPCM
      • Owner
  • Conforming construction contract with EPCM agreement
  • Defining contractor liabilities
    • to Owner
    • to EPCM
  • EPCM third-party beneficiary status
  • Key Challenges
    • Scope of EPCM responsibility and liability
    • Time, Completion, Delays
    • Performance Guarantees
    • Liquidated damages
    • Warranty
    • Disputes

EPCM-GMP MODEL

  • CM at Risk
    • Definition
    • Purpose
  • Combines EPCM with GMP
    • Result

Instructors

Judah Lifschitz

Partner

Barclay Damon LLP

As a seasoned trial attorney, Judah has tried cases to verdict across the country in virtually every type of adjudicative forum and is an accomplished appellate advocate, having argued appeals in many federal and state appellate courts. Judah serves as co-chair of Barclay Damon's Power & Energy Construction and Construction & Surety Practice Areas. Having won one of the largest liquidated damages awards in the history of the construction industry, Judah has extensive experience in construction-related matters, including power and energy construction matters in which he represents clients in EPC contracts and disputes. As noted by one client in Chambers and Partners, "Judd has a wealth of experience in complex construction matters. He is intellectually curious and a fierce yet professional advocate. Judd's knowledge of procedure and substance are hard to match." He represents governmental and private owners and regional, national, and international contractors, construction managers, subcontractors, design professionals, sureties, and insurance companies in disputes, trials, ADR proceedings, and negotiations. Representing clients in complex commercial litigation, Judah has a wealth of experience in every aspect of trial practice, including shareholder and partnership disputes, real estate matters, contract disputes, civil RICO, and general commercial disputes. Additionally, he has represented clients in civil fraud investigations and brings extensive experience to his clients in government procurement issues. Judah's clients represent a variety of industries, including construction, power and energy, aerospace, electronics, manufacturing, shipbuilding, and technology.

Laura Fraher

Partner

Barclay Damon LLP

Laura serves as co-chair of Barclay Damon's Power & Energy Construction Practice Area. With over two decades of commercial litigation experience, she focuses her practice on complex commercial and construction litigation, including power and energy construction matters. Laura is a seasoned litigator, having represented clients in state and federal courts, in arbitrations, and at the appellate level. She has represented owners, general contractors, subcontractors, and construction managers in a wide variety of complex construction litigation. Recognizing that litigation is rarely the best use of a client's time and resources, Laura prioritizes guiding clients to early dispute resolution and supports them at all stages of the dispute process. In addition to her litigation practice, Laura has extensive transactional experience. She drafts, negotiates, and provides strategic advice to clients regarding construction contracts for large-scale projects, including commercial, residential, and EPC contracts for power plant and industrial facility projects. Prior to joining Barclay Damon, Laura was a litigator at a highly regarded Washington DC–based boutique construction litigation firm and two leading New York law firms and was a federal law clerk.

Shawn Modar

Executive Vice President

Aperture, LLC

Shawn Modar is Executive Vice President at Aperture, LLC, where he advises owners, EPC contractors, and legal teams on complex construction disputes, contract management, and project risk. With more than 25 years of experience in the engineering and construction industry, his work focuses on construction claims, schedule delay analysis, productivity analysis, and the evaluation and quantification of project cost and time impacts.  Shawn has supported major energy and infrastructure projects worldwide, including liquefied natural gas facilities, mining developments, power generation projects, pipelines, and transportation infrastructure. He regularly assists EPC contractors and project owners in analyzing claims on large EPC projects and navigating commercial and contractual issues that arise during project execution. He has also served in various expert roles in formal dispute resolution proceedings. Drawing on the perspective gained through mediation, arbitration, and other dispute processes, Shawn focuses on early identification of the project events and EPC contract provisions frequently at the center of disputes, helping clients manage project risk and make informed decisions to resolve issues before they escalate.

Location

EUCI Conference Center
6400 S Fiddlers Green Cir
Greenwood Village, CO 80111

Nearby Hotels/Airports

Continuing Education Credits

IACET

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EUCI is accredited by the International Accreditors for Continuing Education and Training (IACET) and offers IACET CEUs for its learning events that comply with the ANSI/IACET Continuing Education and Training Standard. IACET is recognized internationally as a standard development organization and accrediting body that promotes quality of continuing education and training.

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

Verify our IACET accreditation

 

Who recognizes IACET Credits?

 

Requirements for Successful Completion of Program

Participants must sign in each day and be in attendance for the entirety of the course

 

Instructional Methods

Power Point presentations, open discussion, examples

CPE

Upon successful completion of this event, program participants interested in receiving CPE credits will receive a certificate of completion.

Course CPE Credits: 12.0
There is no prerequisite for this Course.
Program field of study: Specialized Knowledge
Program Level: Basic
Delivery Method: Group Internet Based
Advanced Preparation: None

CpeEUCI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org

CLE

Only registered attendees can request CLE credits for an EUCI course/event. Please email [email protected] prior to the course start date and list the state where you are licensed and your bar# as well as the name and date of your course/event in your request, and someone will be in contact.