Early completion bonus, win-win negotiation on EPC contract

This is a case study of a multicultural negotiation for a privately developed concession to build and operate a hydro-power plant during 30 years. The discussions came to a win-win subject: the specific advantages for each of the stakeholders brought by early generation. This created a positive atmosphere during the negotiations based on trust, respect, transparency and pro-activity. This atmosphere was also beneficial to resolve other subjects that were not themselves win-win situations.

EPC Contracts: win-win negotiation opportunities during contract nego?

You have read books, articles, blogs on contract negotiation. Or, even better, you did a real training programme. All have praised the importance of win-win negotiations. There you find yourself in your next tough negotiation. All the discussions are on limits of liability, caps for liquidated damages, rights to terminate the contract etc. Subjects where a bit more protection for one party automatically means a bit less for the other party. You hesitate. Are those articles or training courses not realistic, not worth your time & money?

Freedom to optimize under an EPC Contract

Working on an EPC Contract brings higher risks for Contractors. They have to face all the circumstances that occur during the Project execution, with few exceptions, and still achieve the expected outcome or intended purpose. Is there anything that can counterbalance this exposure to make the project a success? Yes, the opportunity to optimize the EPC scope on the Project.

“EPC or not EPC, that’s the question”

EPC, standing for Engineering – Procurement – Construction, is a widely used term but not always correctly and these three words do not necessarily make us a lot wiser.
The relationship between Employer [or Owner] and Contractor, when an EPC Contract is correctly established, should be in accordance with certain principles listed in this post.

FIDIC 2017

Certified Adjudicators for FIDIC contracts

The World Bank and other Multilateral Development Banks want dispute boards on the projects they finance. This is because they are aware of their value for dispute avoidance and early dispute resolution. Internationally, the most-used standard forms of contract for infrastructure, construction, power projects etc. are FIDIC contracts. FIDIC’s latest editions of the Rainbow […]