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EPC Contracts for Power & Energy Projects

January 28 - 29, 2027 Denver, CO EUCI

“I came away from this course with a much better grasp of the context of so many terms and concepts I’d heard.  It brought together contract management, regulatory frameworks, and legal issues in a way that connected them well without being overly complex.” 

Senior Project Manager II, Duquesne Light Company

“EUCI trainings are consistently well planned and executed.” 

Sr. Pre-Construction Manager, EDF Renewables

“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.” 

General Counsel, Gridworks
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“The course did a very good job outlining the EPC contract process and what is covered.” 

Project Manager, Ampirical

“Presenters are active and knowledgeable about the field they presented on.” 

Business Development Project Manager, Jamaica Public Service

“The opportunity to see contracting from the Owner’s perspective will assist in supporting a successful contract negotiation and build a strong working relationship going forward. Thank you for the opportunity to engage with individuals who sit on both sides of the table.” 

Contracts Manager, Renewable Energy Systems

“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. Contract positions are presented from both the Owner/Client and Contractor perspectives, and the presenters are open to questions and discussions.” 

Contracts Manager, Renewable Energy Systems

“Great refresher on EPC contracting, with updates on the latest and greatest in the industry. Instructors are very knowledgeable. Overall enjoyed attending the course.” 

– Shell

“Industry expertise, from industry experts.” 

– AES Clean Energy

“All topics were very interesting and full of actual information. Great!” 

– CMI Capital

“The EUCI training team held a deep understanding of the industry and program materials. Expert.”

Supply Chain Manager, NY Transco

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 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

REGISTER NOW FOR THIS EVENT:

Individual attendee(s)$ 1395.00 each(early bird rate)
(price after January 8, 2027 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 January 8, 2027 is $ 6,780.00)
Pack of 10 attendees$ 11,160.00 (20% discount)(early bird rate)
(price after January 8, 2027 is $ 12,760.00)
Pack of 20 attendees$ 20,925.00 (25% discount)(early bird rate)
(price after January 8, 2027 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 December 25, 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

EUCI retains the right to refuse registration by any individual or company.

Day one

Thursday, January 28, 2027

Day two

Friday, January 29, 2027

Agenda

Thursday, January 28, 2027

Denver, CO

Registration & Continental Breakfast

8:00 AM

Group Luncheon

12:00 - 1:00 PM

Adjourn for the day

5:00 PM

8:00 AM - 8:30 AM

Registration & Continental Breakfast

12:00 - 1:00 PM

Group Luncheon

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

Friday, January 29, 2027

Denver, CO

Continental Breakfast

8:00 AM

Adjourn for the day

12:00 PM

8:00 AM - 8:30 AM

Continental Breakfast

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

Stephen Wichern

Partner

BBG Construction Law

Stephen supports contractors, subcontractors, and public and private owners in the drafting and negotiation of construction contracts for infrastructure and commercial projects of all natures and sizes. Stephen also provides guidance and assistance to project management teams on a variety of issues arising during the performance of construction projects, including pursuing relief for excusable events, addressing lien claims and discharging sub-tier liens, and finalizing completion certificates and project close-out. Stephen joined BBG Law after seven years as Senior In-House Counsel for an international renewable energy company specializing in the development and construction of utility-scale solar, wind, and battery storage projects.

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 1.1 CEUs for this event

Verify our IACET accreditation

 

Who recognizes IACET Credits?

 

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, 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

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.