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EPC Contracts for Power & Energy Projects

April 29 - 30, 2025 Online :: Central Time

“This course did an excellent job at both laying out an overview of important issues and providing practical solutions to actual issues faced by EPC contractors on an everyday basis.” 

– Affordable Solar Installation, Inc.

“This course provides a comprehensive introduction to key contract terms for people new to the process, and materials and information for those with experience as well.” 

– RES Americas

“Great refresher on EPC contracting, with updates on the latest and greatest in the industry.” 

– Shell

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 differences between EPC vs. other contracts and their primary objectives
  • Evaluate site conditions and feasibility, including location, surface conditions, environmental factors, and more
  • Discuss the RFP and bid process and the real property concerns in power projects
  • Study the key issues in EPC contracts (i.e., schedule, performance, equipment, delays, indemnity, warranties, termination, etc.)
  • Examine contractor prerequisites and learn how to avoid and manage claims

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 attendees for 7 days after the event

REGISTER NOW FOR THIS EVENT:

Individual attendee(s)$ 1395.00 each
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)
Pack of 10 attendees$ 11,160.00 (20% discount)
Pack of 20 attendees$ 20,925.00 (25% discount)

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 March 28, 2025 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

Day one

Tuesday, April 29, 2025

Day two

Wednesday, April 30, 2025

Agenda

Tuesday, April 29, 2025
Central Time

Online

Log In and Welcome

8:15 AM

Lunch Break

12:00 - 1:00 PM

Adjourn for the day

5:00 PM

8:15 AM - 8:30 AM

Log In and Welcome

12:00 - 1:00 PM

Lunch Break

8:30 AM - 5:00 PM

Course Timing

Introduction & Overview

  • What are EPC contracts and why are they used?
    • Overview of EPC contracts
  • Differences between EPC contracting and other contracting mechanisms
  • Primary EPC contract objectives
    • Formalize the commercial agreement
      • Define parties’ relationships and respective obligations
      • Specify scope, timing, and price
      • Identify guarantees and penalties
    • Provide structure for project delivery (i.e., contract administration)
    • Create an enforceable agreement
    • Identify and allocate risk

Evaluation of Site Conditions & Project Feasibility

  • Location
    • Labor
    • Delivery of major equipment
    • Availability; deliver of materials
    • Zoning and permitting
  • Surface conditions
    • Slope/grade; sediment and erosion control
    • Regional watershed
  • Subsurface conditions
    • Site investigations
    • Foundation design
    • Blasting/cutting
    • Drainage
    • Caverns, fissures, and voids
  • Environmental
    • Protected Flora and Fauna

RFP & Bid Process

  • Identify and solicit bid opportunities
  • Review of bid specifications
    • Technical evaluation
    • Standards of performance
    • Contractor obligations
    • Owner obligations
  • Develop and submit commercial bid and pricing
    • RFIs; Q&As
    • Subtrade engagement
  • Contract review and negotiations

Real Property Concerns in Power Projects

  • Site location and project feasibility
    • Required physical characteristics
    • Preliminary site investigations
    • Interconnection – proximity to regional transmission grid
    • Satisfying balancing authority requirements
  • Securing the Project site – primary issues in land purchase and/or lease agreements
  • Real property rights for project performance
    • Site access
    • Delivery of major equipment
    • Power distribution (i.e., transmission)
  • NIMBY
    • Issues with adjacent landowners

Power Purchase Agreements (PPAs)

  • What is a PPA and what is it used for?
  • Overview of PPA process
    • Project Development
    • RFQ
    • PPA negotiation
    • Asset performance
  • Key issues in PPAs
    • Term
    • Pricing; curtailment
    • Liquidated Damages
  • Regulatory Approval and Conditions Precedent

Key Issues in EPC Contracts for Power and Energy Projects

  • Schedule
    • LNTPs and Commencement Date
    • Project milestones – interim and final
      • Common interim milestones
      • What is Substantial Completion?
      • Final Completion
    • Schedule Liquidated Damages
      • Daily and aggregate LD liability caps
      • Claw-back provisions
  • Price and payment
    • Work schedule
    • Payment schedule – deliverables and milestones
    • Cash Flow & Drawdown Schedule
    • Time and Materials & Unit Pricing
    • Retainage
    • Alternative Payment Arrangements
    • Liens and Lien Waivers
  • Performance
    • Defining performance metrics and tests
    • Measuring performance
    • Performance Guarantees
    • Performance Liquidated Damages
      • Daily and aggregate Performance LD liability caps
      • Buy-downs and “off ramps”
  • Major equipment
    • Contractor v. Owner-supplied
    • Offloading, inspection, and installation
    • Delivery schedule and demurrage
    • Commissioning and performance
    • Warranty
  • Delays
    • Excusable events
      • Force Majeure
      • Adverse Weather
      • Wind
      • Owner-Caused Delay
      • COVID-19 Impacts
      • Materials cost escalation and supply chain disruptions
      • Change in Law
    • Compensable vs. non-compensable delays
    • Concurrent delays
    • Notice requirements
    • Recovery Plans
      • Acceleration
  • Changes
    • Scope change
    • Change Order Process
    • Pricing change (markups)
    • Schedule change
  • Site conditions
    • Differing site conditions
      • Soils
      • Caverns, fissures, and voids
      • Other
    • Pre-Existing Hazardous Materials
  • Limitations damages
    • Overall limitation of liability
    • Mutual waiver of consequential damages
    • Exclusions
    • Daily and aggregate LD liability caps
  • Warranties
    • Term
    • Scope of service warranty
    • Notice and Contractor response time
  • Indemnity
    • Commercial vs. EPC contracting
    • Indemnitees
    • Scope
    • Indemnification process
    • Exclusions

Agenda

Wednesday, April 30, 2025
Central Time

Online

Log In

8:15 AM

Adjourn for the day

12:00 PM

8:15 AM - 8:30 AM

Log In

8:30 AM - 12:00 PM

Course Timing

Key Issues in EPC Contracts for Power and Energy Projects (Continued)

  • Termination
    • Termination for Convenience
    • Default and Termination for Cause
    • Notice and opportunity to cure
    • Contractor’s right to terminate
  • Payment and Performance Security
    • Contractor Security
      • Bonds; Letter of Credit
      • Parent Guarantee
    • Owner Security
      • Letter of Credit
      • Parent Guarantee
    • Project Financing
      • Assignment
      • Estoppels and consents
      • Representations and warranties
      • Lien subordination
      • Audit rights
  • Other
    • Tax Exemptions
    • Insurance
      • Builder’s Risk
      • Risk of loss
    • Domestic content and local hiring requirements
    • Collective Bargaining Agreements
    • Non-solicitation provisions
    • FCPA and anti-bribery
    • Dispute Resolution

Contract Administration in EPC Contracts for Power & Energy Projects

  • Contractor prerequisites
    • Licensing
    • Contractor Safety Program
    • Code of Conduct
    • Diversity Requirements and EEOC
    • Cybersecurity –information security
    • Invoicing
    • Quality management, inspection, testing, and documentation
    • Major subcontractors
    • Equipment and material procurement
    • Taxes
  • Development of exhibits
    • Technical specification – conformance specification and Standards of Performance
    • Environmental and site description
    • Permits – contractor and utility
    • Reporting requirements (daily, weekly, monthly, quarterly)
    • Spare parts list
    • Commissioning and testing plan
    • Key personnel
    • Contractor safety program
    • Major subcontractors and approved equipment suppliers
    • Optional pricing schedule
    • Training programs
    • Document submittals

Avoiding and Managing Claims

  • Common claims and their causes
  • Best practices for avoiding and managing claims and disputes
  • Navigating the disputes process

Instructor

Tom is a senior corporate-commercial lawyer serving clients in the renewable power sector with more than twenty years’ experience in energy project development and finance. He leads Gowling WLG Canada’s Energy Sector Group and is a member of the Toronto office’s Diversity, Equity and Inclusion (DEI) Council. Named a “Leading Individual” by The Legal 500 Canada and Who’s Who Legal, Tom also serves as a director of Aazhogan Bridge as a member of the Legal Committee of Transparency International, as a Board member of the Canadian Ditchley Foundation and as an advisor at the Centre for Urban Energy at Metropolitan Toronto University. In 2022, he was appointed to the roster of adjudicators under the Canadian Free Trade Agreement. He also teaches Infrastructure and Project Finance Law at Windsor Law and has previously served as Chair of the Canadian Solar Industries Association (now CanREA).

Tom Timmins

Partner

Gowling

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 1.1 CEUs for this event

Verify our IACET accreditation

Who recognizes IACET Credits?

Requirements for Successful Completion of Program

Participants must log in/sign in each day of the course to be eligible for continuing education credit. 

Instructional Methods

PowerPoint presentations, interactive group discussion, and case studies will be used during this course. 

CPE

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

Course CPE Credits: 13.0
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 web site: www.nasbaregistry.org