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Engineering Procurement And Construction Agreement
"I need an Engineering Procurement And Construction Agreement for a 100MW solar power plant project in Gujarat, India, with construction scheduled to commence in March 2025; the agreement should include standard provisions for renewable energy projects and comply with local environmental regulations."
1. Parties: Identification of the parties entering into the agreement - typically the project owner/employer and the EPC contractor
2. Background: Context of the project, brief description of the works, and purpose of the agreement
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Scope of Work: Detailed description of engineering, procurement, and construction obligations of the contractor
5. Contract Price and Payment Terms: Price structure, payment milestones, invoicing procedures, and payment security
6. Project Timeline: Commencement date, completion schedule, milestones, and extension provisions
7. Contractor's Obligations: General and specific obligations including design, procurement, construction, testing, and commissioning
8. Employer's Obligations: Owner's responsibilities including site access, permits, and approvals
9. Quality and Standards: Quality requirements, applicable standards, and testing procedures
10. Changes and Variations: Procedure for handling changes to scope, price, or timeline
11. Testing and Commissioning: Requirements and procedures for testing, commissioning, and acceptance
12. Defects Liability: Warranty period, rectification of defects, and related obligations
13. Force Majeure: Definition of force majeure events and consequences
14. Suspension and Termination: Rights and procedures for suspension and termination of the contract
15. Dispute Resolution: Mechanisms for resolving disputes including arbitration provisions
16. Governing Law and Jurisdiction: Applicable law and jurisdiction for the contract
1. Performance Security: Required when bank guarantees or performance bonds are needed for the project
2. Parent Company Guarantee: Included when contractor's parent company guarantee is required
3. Interface Management: Needed when multiple contractors are involved in the project
4. Technology License: Required when proprietary technology transfer is part of the scope
5. Export Control: Included when international procurement involves export-controlled items
6. Environmental and Social Requirements: Detailed section needed for projects with significant environmental impact
7. Local Content Requirements: Required when local content or indigenization requirements apply
8. Step-in Rights: Included for critical infrastructure projects where owner may need to take control
9. Refinancing Rights: Required for projects involving project financing arrangements
1. Schedule 1 - Scope of Work: Detailed technical specifications and scope breakdown
2. Schedule 2 - Project Timeline: Detailed project schedule with milestones and critical dates
3. Schedule 3 - Price Schedule: Detailed breakdown of contract price and payment milestones
4. Schedule 4 - Technical Specifications: Detailed technical requirements and standards
5. Schedule 5 - Testing and Commissioning Requirements: Detailed procedures for testing and acceptance
6. Schedule 6 - Performance Guarantees: Performance parameters and testing procedures
7. Schedule 7 - Forms of Guarantees and Securities: Templates for various bonds and guarantees
8. Schedule 8 - Insurance Requirements: Details of required insurance coverage
9. Schedule 9 - List of Approved Subcontractors: Pre-approved subcontractors and vendors
10. Schedule 10 - Site Requirements: Site conditions and requirements
11. Schedule 11 - Forms of Certificates: Templates for various certificates including completion certificates
12. Schedule 12 - HSE Requirements: Health, safety, and environmental requirements
13. Schedule 13 - Quality Assurance Requirements: Quality management system requirements
Authors
Applicable Laws
Approved
As-Built Drawings
Background IP
Bank Guarantee
Basic Engineering
Change in Law
Change Order
Commissioning
Completion Certificate
Confidential Information
Contract Price
Contract Documents
Contractor's Documents
Contractor's Equipment
Contractor's Personnel
Completion Date
Critical Path
Defects
Defects Liability Period
Delay Damages
Detailed Engineering
Effective Date
Employer's Equipment
Employer's Requirements
Employer's Representative
Environmental Requirements
Extension of Time
Final Acceptance Certificate
Final Completion
Force Majeure
Good Industry Practice
Guaranteed Performance Levels
Independent Engineer
Intellectual Property Rights
Interface Points
Liquidated Damages
Material Adverse Effect
Mechanical Completion
Milestone
Notice to Proceed
Operating Manual
Parent Company Guarantee
Performance Guarantee
Performance Tests
Permits
Preliminary Acceptance
Project
Project Schedule
Prudent Industry Practice
Punch List
Quality Assurance Plan
Ready for Commissioning
Reasonable and Prudent Operator
Site
Specifications
Subcontractor
Substantial Completion
Take-Over Certificate
Technical Specifications
Technology License
Temporary Works
Tests on Completion
Time for Completion
Variations
Warranty Period
Work
Works
Contract Documents
Representations and Warranties
Scope of Work
Contract Price
Payment Terms
Taxes
Performance Security
Parent Company Guarantee
Project Schedule
Extensions of Time
Liquidated Damages
Engineering Obligations
Procurement Obligations
Construction Obligations
Quality Assurance
Health and Safety
Environmental Protection
Labor and Personnel
Subcontracting
Site Access and Conditions
Materials and Workmanship
Testing and Inspection
Completion and Acceptance
Defects Liability
Variations
Force Majeure
Suspension
Termination
Intellectual Property
Confidentiality
Liability and Indemnification
Insurance
Dispute Resolution
Governing Law
Assignment
Notices
Change in Law
Records and Audit
Compliance with Laws
Anti-Corruption
Interface Management
Risk Allocation
Title and Risk
Warranties
Performance Guarantees
Commissioning
Training and Documentation
Spare Parts
Technology Transfer
Export Control
Power Generation
Oil and Gas
Infrastructure
Manufacturing
Petrochemicals
Mining
Renewable Energy
Water Treatment
Transportation
Industrial Processing
Steel
Pharmaceuticals
Legal
Project Management
Engineering
Procurement
Construction
Finance
Risk Management
Commercial
Operations
Quality Assurance
Health Safety and Environment
Technical Services
Contract Administration
Project Director
Contract Manager
Legal Counsel
Chief Executive Officer
Chief Financial Officer
Project Manager
Engineering Manager
Procurement Manager
Construction Manager
Risk Manager
Commercial Manager
Technical Director
Operations Director
Compliance Officer
Quality Assurance Manager
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