Your SlideShare is downloading. ×
0
110801Proposed Fidic Contract Framework For Complex Epc Projects
110801Proposed Fidic Contract Framework For Complex Epc Projects
110801Proposed Fidic Contract Framework For Complex Epc Projects
110801Proposed Fidic Contract Framework For Complex Epc Projects
110801Proposed Fidic Contract Framework For Complex Epc Projects
110801Proposed Fidic Contract Framework For Complex Epc Projects
110801Proposed Fidic Contract Framework For Complex Epc Projects
110801Proposed Fidic Contract Framework For Complex Epc Projects
110801Proposed Fidic Contract Framework For Complex Epc Projects
110801Proposed Fidic Contract Framework For Complex Epc Projects
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×
Saving this for later? Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime – even offline.
Text the download link to your phone
Standard text messaging rates apply

110801Proposed Fidic Contract Framework For Complex Epc Projects

1,643

Published on

Structure and Components of a Comprehensive Suite Of Components forming the Level of Contract Documentation Needed for Complex Industrial or Mining Mega Project

Structure and Components of a Comprehensive Suite Of Components forming the Level of Contract Documentation Needed for Complex Industrial or Mining Mega Project

Published in: Technology, Business
0 Comments
1 Like
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total Views
1,643
On Slideshare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
84
Comments
0
Likes
1
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. Andrew Ng
  • 2. Contract Contract Agreement General Conditions Conditions of Supplemental Conditions Contract Particular Conditions Annexes Schedules Employer’s Requirements Pricing Document Proposed Contract Framework for Wednesday, 3 August Complex EPC Projects 2011 2
  • 3. FIDIC fill-in form:Contract • Names/addresses • Site location Contract Agreement • Effective date • Signatures General Conditions Conditions of Supplemental Conditions Contract Particular Conditions Annexes Schedules Employer’s Requirements Pricing Document Proposed Contract Framework for Wednesday, 3 August Complex EPC Projects 2011 3
  • 4. Contract 1 FIDIC Boilerplate T&C’s: General Provisions 2 The Employers Contract Agreement 3 The Employers Administration 4 The Contractor 5 Design 6 Staff & Labour 7 Plant, Materials & Workmanship General Conditions 8 Commencement, Delays & Suspension 9 Tests On Completion Conditions 10 Employers Taking Over of Supplemental Conditions 11 Defects Liability 12 Tests After Completion Contract 13 Variations & Adjustments 14 Contract Price & Payment Particular Conditions 15 Termination By Employer 16 Suspension & Termination by Contractor 17 Risk & Responsibility 18 Insurance 19 Force Majeure Employer’s Requirements 20 Claims, Disputes & Arbitration Pricing Document Proposed Contract Framework for Wednesday, 3 August Complex EPC Projects 2011 4
  • 5. Employer/Contractor agreedContract modifications to the FIDIC boilerplate T&C’s: 1. Added useful definitions from EPCM for Contract Agreement FEED Work/Pre-FID Work 2. Clarified allocation of risk and responsibility, especially for site conditions and access. 3. Enhanced boilerplate clauses on IP, General Conditions confidentiality, security and safety Conditions 4. Included weather and epidemic as force majeure events of Supplemental Conditions 5. FCPA, anti-bribery, export control and similar additions Contract 6. Conformed change provisions (variations) to The Employers Particular Conditions Requirements 7. Added The Employers re-use of design clause 8. Reduced boilerplate notice and Employer’s Requirements Added Thetimeframes throughout rights 9. Response Employers backcharge 10. Reference to Conventions etc Pricing Document Proposed Contract Framework for Wednesday, 3 August Complex EPC Projects 2011 5
  • 6. Contract Project-specific data needed by Contract Agreement the FIDIC boilerplate T&C’s: • Schedule of Rates reference • Contract Milestones reference • Testing requirements (referenced to The Employers Requirements) General Conditions • Defects Notification Period Conditions • Sections of the Works reference • Allowable mark-up % of Supplemental Conditions • Governing law Contract • Language of the Contract • Permits to be obtained by Employer Particular Conditions • Performance security requirements • Liquidated damages • Payment and retention particulars • Import tax particulars Employer’s RequirementsUtilities for construction • • Insurance particulars Pricing Document Proposed Contract Framework for Wednesday, 3 August Complex EPC Projects 2011 6
  • 7. Contract Contract Agreement General Conditions FIDIC fill-in forms: A. Form of Parent Company Guarantee Supplemental Conditions B. Form of Tender Security (Bid Bond) C. Form of Performance Security (Demand Bond) D. Form of Performance Security (Surety Bond) E. Particular Conditions Form of Advance Payment Guarantee Annexes F. Form of Retention Money Guarantee G. Form of Employer Payment Guarantee Schedules Employer’s Requirements Pricing Document Proposed Contract Framework for Wednesday, 3 August Complex EPC Projects 2011 7
  • 8. Contract Contract Agreement General Conditions Supplemental Conditions The Employers-created schedules: A. Schedule of Contract Milestones B. Schedule of Sections of the Works Particular Conditions Annexes C. Schedule of Payments D. Schedule of Named Subcontractors E. Schedule of Tests on Completion Schedules F. Schedule of Tests after Completion G. Employer’s Requirements Schedule of Tax-Exempt Items Pricing Document Proposed Contract Framework for Wednesday, 3 August Complex EPC Projects 2011 8
  • 9. Contract Contract Agreement General Conditions Basis of Contract: 1. Basis of Design (Program); Conditions 2. Min International Design and Performance of Supplemental Conditions Standards Required; 3. Design Review and Other Project and Contract Functional Management Procedures (administrative); including RAMS if needed; Particular Conditions 4. (Optional) Social and Environmental Sustainability Performance Standards http://www.ifc.org/ifcext/sustainability.nsf/AttachmentsByTitle/pol_PerformanceSt andards2006_full/$FILE/IFC+Performance+Standards.pdf 5. Testing and Performance (/Throughput) Requirements and Verification Protocols (for Employer’s Requirements TOC and TAC described in Schedules E & F); 6. List of Warranty Periods Extra over DNP for Specialist Equipment; 7. Inspection and Test Plan(IPT) when agreed Pricing Document and signed off by both parties. Proposed Contract Framework for Wednesday, 3 August Complex EPC Projects 2011 9
  • 10. Contract Contract Agreement Cost particulars: General Conditions 1. Price Schedules or Breakdown of the Contract Price (Preferably in Lumpsum and with Item Conditions Quantities) of Supplemental Conditions 2. Forecast of Payments /Cashflow 3. Schedule of Rates/Contract Currency Contract Conversion Rate 4. Variations Pricing/Measurement Rules Particular Conditions 5. Schedule of Daywork Rates – Plant, Labour and Staff ; Schedule of Base Material Price Subject to Escalation Adjustment 6. Total Staff, Labour and Plant Hours and Fuel Volume Allowed for Lumpsum Prelims; Employer’s Requirements of Consumables and Spares for 7. List Commissioning and DNP; 8. KPI Based Calculation Formulae for Incentive & Pricing Document Contract Price Adjustment; 9. List of Provisional Rates and Sums 10. I/E Agent Payment Process Proposed Contract Framework for Wednesday, 3 August Complex EPC Projects 2011 10

×