what does an epc attorney do

by Mr. Ludwig Nikolaus 5 min read

The EPC contractor is held accountable for capital project schedules, costs, and overall results, with the primary goal to decrease project risk among all stakeholders and increase execution success.

We handle legal issues in connection with contract interpretation, including drawings, specifications, change orders and back charges, lien rights and remedies, contract disputes and litigation.

Full Answer

What does an EPC contractor do?

EPC contractors are in charge of identifying, evaluating, mitigating, and monitoring project risks, such as schedule, cost, quality, safety, and environmental concerns, throughout a project’s life cycle. From the beginning of the project, EPC contractors work to mitigate risk through best practices and strategies, such as those detailed below.

Do you have to give a tender to an EPC company?

The project owners only have to give a tender to an EPC company. The bid-winning contractor will take it and deliver the project on time and at a guaranteed price, which is crucial to the contract. An LSTK contract (Lump Sum Turnkey contract) is a popular Turnkey contract where the money is paid in advance.

What happens if a contractor fails to comply with an EPC?

Failure to comply with any requirement will usually result in the contractor incurring monetary liabilities. The EPC contractor coordinates all design, procurement and construction work and ensures that the whole project is completed as required and in time. They may or may not undertake actual site work.

Who is responsible for an EPC when selling a property?

The seller or landlord is responsible for ensuring there is an EPC for the building, or part of the building, being sold or let, even if an agent or another service organisation is acting on their behalf or providing an EPC.

What is the role of an attorney in a lawsuit?

What is the job of a foreclosure lawyer?

Who does the forensics department work closely with?

How much do attorneys make?

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What is a EPC procedure?

The two major tasks of the EPC process are the investment grade audit and the energy performance contract. These tasks are completed by the ESCO with the IGA report completed and accepted by the Entity prior to proceeding with the EPC.

What is the role of an EPC?

Engineering, Procurement & Construction Project managers will proactively troubleshoot any issues on the job site and see that your facility is completed with quality craftsmanship. The EPC contractor will also be responsible for managing the project timeline and budget for the contracted scope.

What is EPC in legal terms?

A form of building contract used for a large or otherwise complex project under which the builder (the EPC contractor) will deliver a completed project on a turnkey basis. EPC contract is an abbreviation for engineering, procurement and construction contract.

What are the benefits of EPC?

Advantages of an EPC ContractA Single Point of Responsibility.Fixed Contract Price.Fixed Completion Date.Can Set a Performance Specification.Performance Guarantee.Security.Caps on Liability.Has Rights to Suspend the Project.More items...•

How do you negotiate an EPC contract?

While drafting such a contract, it is essential to identify the mechanism in which the payment should be made. It is also essential that the total lump-sum consideration that would be paid must be negotiated taken into consideration foreseeable probable escalation, project delays, increase the currency exchange rates.

What are the advantages and disadvantages of EPC contracts?

Advantages and Disadvantages of EPC Contracts This contract arrangement also benefits contractors who will have more control over the design and selection of subcontractors. While contractors accept more risk with the coordination of the design, they can act more efficiently to lower construction costs.

What is a wrapped EPC?

Under a “full wrap” or “turnkey” model, the EPC contractor will fully provide all the detailed engineering designs of the project, procure all the equipment and materials necessary for the project, and then construct and deliver a functioning facility to their client.

What is EPC contract agreement?

What are EPC contracts? Under an EPC contract, the principal or owner engages a contractor to design and deliver the project into an operational state. This type of contract is at times described as a 'turnkey' contract as, at completion of the project, the Principal can simply 'turn a key' to commence operation.

What is a wrapped EPC contract?

Under a wrap-around guarantee, an entity, usually either the offshore supplier or the parent company of the contracting entities, guarantees the obligations of both Contractors. This delivers a single point of responsibility to the Project Company and the Lenders.

What is the difference between lump sum and EPC contract?

The major difference between lump sum and EPC is that, in EPC the contractor has the responsibility of design and construction. b. Where as in lump sum contract the design and drawings are prepared by the technical team of the owner.

What is difference between turnkey and EPC contracting?

EPC is a contract comprising Engineering, Procurement and Construction. Turnkey is a contract comprising Engineering, Procurement and Construction.

What is the difference between design build and EPC?

EPC contractors are often handed little more than performance requirements (output levels, uptime levels, maintenance expense maximums, etc.), whereas most design-build contracts provide at least some design detail in the bridging documents.

What is an EPC project manager?

Project Managers Track Progress During the construction phase of an EPC project, project managers ensure that deliverables are being met by monitoring progress. They also keep a close eye on work to make sure that tasks are being completed accurately and in line with the scope of the project.

What does EPC mean in oil and gas?

engineering, procurement and constructionAs we pointed out at the start, EPC stands for engineering, procurement and construction, and for many businesses in the oil and gas industry and others, it's a highly effective turnkey solution to move product to market.

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What exactly is a lawyer? A lawyer (also called attorney, counsel, or counselor) is a licensed professional who advises and represents others in legal matters.Today’s lawyer can be young or old, male or female. Nearly one-third of all lawyers are under thirty-five years old.

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What is a Lawyer? Lawyers provide advice and recommendations to clients regarding their legal rights and obligations. Also known as an attorney, a lawyer represents individuals and businesses during legal proceedings and disputes.

What is the role of an attorney in a lawsuit?

Generally, an attorney's responsibility is to advise the client with an ongoing lawsuit on the legal procedures and provide strategies to resolve the case as early as possible. An attorney compiles necessary documents or any records for appeal and client's defense. Attorneys must acquire strong problem-solving and critical-thinking skills to mediate disputes and settle pending litigation for the client's best interest. In some cases, an attorney's procedure depends on any evidence and research presented during the trial period. An attorney is expected to present clients on legal proceedings, seeking justice and justifying the law.

What is the job of a foreclosure lawyer?

Handle all legal matters, documentation and litigation relate to property foreclosure and bankruptcy.

Who does the forensics department work closely with?

Work closely with members of law enforcement, school personnel, and court officials.

How much do attorneys make?

An attorney annual salary averages $108,074, which breaks down to $51.96 an hour. However, attorneys can earn anywhere from upwards of $59,000 to $197,000 a year. This means that the top-earning attorneys make $138,000 more than the lowest-earning ones.

Roles and responsibilities of a Turnkey Contractor

A Turnkey Contractor is responsible for the design, procurement, and construction of the project. The contractor is also responsible for the commissioning and handing over the ready-to-use project to the owner or the client.

Advantages of an EPC Contract

By choosing an EPC contractor, the Project owner has the following advantages:

Limitations of an EPC Contract

Like any other contract, an EPC Contract also has some limitations, albeit fewer in number. The disadvantages of contracting a Turnkey Contractor are:

A List of Top EPC Companies

The definition of EPCM is Engineering, Procurement, Construction, and Management. Although it sounds similar to an EPC project, an EPCM Contract is very different from the former.

In a Nutshell..

EPC contracts can get expensive, and the owner cedes to have significant control over the construction. But it is still one of the best contract types for grant projects. So, Governments and Large Cap organizations would prefer an EPC Contract over the traditional ones for their construction activities.

What does EPC stand for in construction?

EPC stands for Engineering, Procurement, Construction and is a prominent form of contracting agreement in the construction industry.

What is the EPC phase?

The EPC phase of the project is also known as the Execution phase which normally follows what is known as a FEED or Front End Engineering Design phase.

What is the difference between EPCM and EPC?

In an EPC contract, the EPC contractor develops the project from commencement to final completion. The owner or principal of the EPC project provides the EPC contractor with a detailed design including technical and functional specifications, in order for the EPC contractor to build and deliver the project to the “turn of the key”, within a specified time period.

What is an EPC turn key?

Normally the EPC Contractor has to execute and deliver the project within an agreed time and budget, commonly known as a Lump Sum Turn Key (LSTK) Contract. An EPC LSTK Contract places the risk for schedule and budget on the EPC Contractor.

Is an EPC a turnkey project?

This is why EPC contracts are often referred to as “turnkey” projects. For this reason, an EPC contract is often a fixed price contract or an all-encompassing lump sum contract. Any shortfall of costs is a risk that rests with the EPC contractor, making cost control their number one priority.

Overview

Under an EPC contract, a contractor is obliged to deliver a complete facility to a developer who needs only "turn a key" to start operating the facility; hence EPC contracts are sometimes called turnkey construction contracts.

Bibliography

Hartman, Francis T. (2003). The Ten Commandments of Better Contracting: A Practical Guide to Adding Value to an Enterprise Through More Effective Smart Contracting. ASCE Publications. pp. 69–71. ISBN 978-0784470985.

What is the purpose of EPC?

Its purpose is to indicate how energy efficient a building is .

Who has a duty to make available an EPC?

The relevant person (i.e. the seller or landlord) has a duty to make available an EPC to a prospective buyer or tenant and may be liable to a penalty charge if they fail to do so, irrespective of whether the prospective buyer or tenant purports to waive an entitlement to receive the certificate.

How to complain about EPC?

For complaints regarding the quality and accuracy of the EPC and the recommendation report, contact the energy assessor in the first instance and if the matter is not resolved, contact the accreditation scheme of the energy assessor who produced the EPC. Contact details of both the assessor and accreditation scheme can be found on the EPC

How to check if an energy assessor is accredited?

Consumers will be able to check the details of accredited and qualified energy assessors from the information provided by accreditation schemes on the register website.

How long is an EPC valid?

An EPC is valid for 10 years or until replaced with a newer one.

How to find EPC?

Data held on the central register is publicly available. It is possible to search for an EPC on the register by entering either the certificate’s report reference number or the building post code. The building owner with an EPC can ‘opt out’ of having their data made publicly available.

Who produces EPC?

An EPC must be produced by an accredited energy assessor. All domestic energy assessors must be a member of an approved accreditation scheme.

What is the role of an attorney in a lawsuit?

Generally, an attorney's responsibility is to advise the client with an ongoing lawsuit on the legal procedures and provide strategies to resolve the case as early as possible. An attorney compiles necessary documents or any records for appeal and client's defense. Attorneys must acquire strong problem-solving and critical-thinking skills to mediate disputes and settle pending litigation for the client's best interest. In some cases, an attorney's procedure depends on any evidence and research presented during the trial period. An attorney is expected to present clients on legal proceedings, seeking justice and justifying the law.

What is the job of a foreclosure lawyer?

Handle all legal matters, documentation and litigation relate to property foreclosure and bankruptcy.

Who does the forensics department work closely with?

Work closely with members of law enforcement, school personnel, and court officials.

How much do attorneys make?

An attorney annual salary averages $108,074, which breaks down to $51.96 an hour. However, attorneys can earn anywhere from upwards of $59,000 to $197,000 a year. This means that the top-earning attorneys make $138,000 more than the lowest-earning ones.

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