Engineering, Procurement and Construction (EPC) Contracts for Energy Industry

Transcription

1 Free Takeaway 3 detailed ar cles on EPC contract precedents containing discussions on: EPCM & Alliancing Contracts EPC contracts in the global market FIDIC contract and the challenges faced by construc on contractors Early Bird Discount book by 6 April 2018 to save up to $500 per person Managing and Negotiating Engineering, Procurement and Construction (EPC) Contracts for Energy Industry Mastering the legal and commercial framework, contract nego a on, financing, risk and contractor rela onship complexi es of upstream and downstream EPC projects 9-11 July 2018, Singapore Course Highlights Global and local legal and commercial framework in Asia, Middle East, Europe and the CIS Contract nego a on best prac ces Tips on contractual risk mi ga on Contract financing and project structuring Contractor rela onship management Clause-by-clause discussion based on an actual contract precedent Key Learning Objectives UNDERSTAND the current finance market for EPC contracts MANAGE legal risks and environment for EPC contracts in the region DISCOVER alterna ve procurement op ons for projects and the risks and opportuni es associated with these op ons DISTINGUISH new and effec ve contract nego a on strategies ANALYSE the types of claims that may be made under EPC contracts and develop strategies to manage these claims GAIN INSIGHTS into the best current dispute resolu on op ons and the risks and costs associated with each op on Endorsers Media Partners A very thorough presenta on with excellent real life examples and war stories from the trainer. - Exxonmobil The seminars were highly informa ve and the trainer is clearly very experienced in the EPC and major projects worldwide. It was very relevant for us in our business. - Qatar Petroleum The trainer spoke knowledgeably about ma ers that concern lenders, sponsors and borrowers bringing different perspec ves to the discussion. - KBC Bank NV Interes ng, extremely helpful and relevant. A very clear presenta on style which kept the material interes ng and the audience engaged. - Na onal Oil Company of Namibia A must--a end for professionals wishing to improve in EPC contracts management. - Century Power Genera on, Nigeria Interes ng explana on of every clause of the contract (i.e. the thorough assessment of an EPC contract). - KFW Bankengruppe BOOK NOW!

2 Overview Today, Engineering, Procurement and Construc on (EPC) projects are uniquely challenging. Par es currently involved in large complex and fast-track EPC projects frequently suffer financial loss that could have been mi gated by effec ve contract management. Appropriate prac cal know-how of EPC contracts will improve your ability to take appropriate steps, or to obtain necessary advice, to minimise or manage such risks. This intensive workshop provides valuable insight into the rapidly evolving world of EPC contracts. It has been designed specifically for the professionals and management of energy industries and will be of par cular interest to those with current or planned projects in Asia, Middle East, Europe and the CIS. You will analyse an EPC contract, clause by clause, focusing on your challenges in interna onal and domes c projects. This unique interac ve master class discusses the key issues in EPC contracts which are relevant for lenders, sponsors and borrowers in interna onal construc on projects and the keys to deliver successful projects. Who Should Attend CEOs, CXOs, Directors, Heads of Departments, Managers of: Legal & Compliance Contract Project Development Commercial Project Finance Procurement Finance Construc on / Engineering Planning Investment / Funding Plus anyone responsible for EPC projects From cross industries including, but not limited to: Government Authori es Oil & Gas Power & Renewables Construc on & Engineering Banking & Financial Services Commercial Law Firms About Organiser Infocus Interna onal is a global business intelligence provider of strategic informa on and professional services for diverse business communi es. Infocus Interna onal recognises clients needs and responds with innova ve and result oriented programmes. All products are founded on high value content in diverse subject areas, and the highest level of quality is ensured through intensive and in-depth market research from local and interna- onal insights. About Your Course Director EPC Contracts for Energy Industry Mark Veitch is an interna onal lawyer with extensive experience advising on the transac onal and conten ous aspects of large-scale interna onal energy, infrastructure, construc on and real estate projects. His prac ce includes advising sponsors, developers and contractors from around the world on project development, procurement and construc on ma ers, primarily in emerging markets. He has previously worked in-house with Bechtel where he was involved across a range of engineering and construc on disciplines, including communica ons and signalling systems, track installa on and maintenance and sta on refurbishment works for the London Underground metro service. He is qualified to prac ce in the UK and South Africa. Selected creden als include advising: Petronas on the procurement and construc on of the US$25 billion Refinery and Petrochemical Integrated Complex in Malaysia The State Oil Fund of Azerbaijan on the construc on, purchase and leaseback arrangements for an oil drilling rig with a value in excess of US$1 billion Orascom Construc on Industries, as part of a bidding consor um, on a bid to construct a reverse osmosis plant and related facili es for the US$2 billion Ras Azzour IWPP in the Kingdom of Saudi Arabia Comsar Energy Republika Srpska on the 2x 300MW coal-fired power plant in the Republic of Srpska, Bosnia and Herzegovina A confiden al Southern African government authority on the supply contracts, joint venture agreements and the contractual arrangements for a US$90m revolving credit facility for the import and distribu on of oil and petroleum products A major North African development company on its posi on under various project documents in rela on arising out of the ongoing civil unrest in the MENA region Comsar Energy Hidro D.O.O. Banja Luka on the EPC arrangements for a 37MW Hydro-electric power plant in Mrsovo, Republic of Srpska, Bosnia and Herzegovina China Na onal Petroleum Company on its due diligence of some EPC arrangements in connec on with its par cipa on in the Yamal LNG Project in the Russian Federa on JSC Gazprom Ne Moscow Refinery on the front-end engineering design arrangements for the upgrade to its refinery complex in Moscow JSC United Petrochemical Company on the nego a on and dra ing of the FEED contract, EPC term sheet and technology licensing arrangements for a proposed new ethylene plant its refinery complex in Ufa, Bashkortostan, Russian Federa on Oman Brunei Investment Company on the construc on aspects of its acquisi on of a five star hotel development at Muscat, Oman Qatar Petroleum on its internal standard form construc on and consul ng contracts, tendering and procurement regula ons and procedures and measures for comba ng unethical business conduct Qatar Petroleum on a contractor global claim in excess of US$350 million in rela on to the design, procurement and construc on of breakwater and dredging works for a major port expansion project A major Middle Eastern government developer on delay and disrup on claims in excess of US$150m rela ng to an EPC contract for a heavy fuel bunkering and distribu on facility A major Turkish contractor in rela on to delay and disrup on claims rela ng to the construc on of a hospital in a confiden al Middle Eastern country A major Egyp an contractor on a US$210m advance works agreement and construc on contract based on the FIDIC Red Book for an infrastructure project for a major urban development in the UAE

3 3 Day Agenda EPC Contracts for Energy Industry Book Before 6 April 2018 and Save up to $500 Tel Day One Module 1: Legal Framework of EPC Contracts Aligning interna onal contract laws with domes c contract laws for cross border EPC contract to minimise risks Defining the elemental requirements for contract forma on Review of the contract content and the contract terms implied by law Contract performance and the ways that a contract may be discharged and brought to an end Considera on of the types of a contract breach and its different consequences The rules to be applied to interpreta on of ambiguous or conflic ng contract terms Module 2: Tips on Contractual Risk Alloca on and Mi ga on Strategies Profile of oil & gas trade in Asia, Middle East, Europe and the CIS Different project delivery op ons Risk analysis and procurement methodologies Matching the project delivery model and the financing structure Current market trends and op ons Pricing risk Module 3: Review of the Contract Manager Role on Major Energy Sector Construc on Contracts Defining the contemporary role of Contract Management Examples of an EPC Contractor s Contract Management process Module 4: Financing EPC Energy Projects and Project Structuring Mee ng the criteria for bankability Financing strategies and procurement methods Commercial lenders requirements Mul -laterals and Export Credit Agency requirements What lenders expect to see in project documents Balancing the lenders requirements with efficient contract pricing The dangers of not aligning the financing and procurement Strategies Module 5: Discussion on Split EPC Contracts, EPCM Contracts and Mul -Prime The split EPC contract strategy key commercial drivers Current market prac ce and risks associated with the split EPC model EPCM Contracts key issues and market prac ce Managing an EPCM contractor Mul -Prime Contracts and delivery of major projects Structuring Mul -Prime contracts to meet lender s requirements Module 6: Managing EPC Contracts for Successful Oil and Gas Projects Structuring an administra on system Key areas for claim me/cost/quality Managing liquidated damages for performance and delay The rela onship of claims and lenders How to iden fy and resolve claims early Day Two Module 7: Contract Nego a on and Administra on Nego a ng techniques and strategies Pi alls to avoid Issues specific to EPC contract How to terminate EPC contract Dealing with post termina on clause Indemnity clause in an EPC contract Taking insurance when signing the contract Module 8: Developing an Advanced Dispute Resolu on Strategy Dispute Resolu on - market prac ce and op ons Arbitra on ins tu onal op ons and choice of arbitral seat Li ga on Media on Enforcement issues Rela onships with other project documents/lenders/parent companies Mul -party arbitra on agreements Clauses Prac cal Exercise: Dra ing Dispute Resolu on Clauses You will work together in groups to dra enforceable dispute resolu on clauses for a variety of different project types and scenarios Module 9: Managing Project Delay and Claims Prepara on for a dispute Record keeping Key issues and witness management Who is the claimant/defendant? When and how to start Proceedings Contractor s security (bonds/reten ons/parent company guarantees) Prac cal Workshop: Wri ng Claim Le ers You will work together in groups to write responses to various types of claim le ers and learn strategies for best responding to claims Module 10: Local Law Issues in Asia Governing law clauses and current market prac ce Enforceability issues and key clauses Cultural issues Dispute resolu on and strategies Case Study: Major Energy Sector Construc on Contracts and Special Considera ons Refineries Power genera on Gas processing Pipelines

4 EPC Contracts for Energy Industry Day Three Module 11: Contrac ng and Subcontrac ng Strategies to Deliver a Successful EPC Project in the Oil, Gas & Power Industry Consistency in contract terms and with other project & finance documents English Law meanings of specific terms Implied obliga ons in an EPC Contract Nego a ng posi ons for key commercial terms me/ quality/price Interac ve Group Discussion Real life case studies covering every aspect of EPC contract Module 12: Managing Contractor Rela onships for Long-Term Success and Efficiency Challenges in managing supplier rela onships Analysing the importance of building strong business rela onships Effec ve ways to manage supplier rela ons successfully in a rapidly changing market environment Group Discussion: Clause-by-clause Discussion Based on an Actual Contract Precedent You will discuss a current EPC contract in detail, looking at market prac ce, issues to consider and sponsor/ contractor/lender perspec ves on a clause by clause basis Real life case studies per nent to the clauses discussed and detailed analysis Pre-Course Questionnaire We would like to customise the workshop based on your specific needs. Pre-Course Ques onnaire will be sent prior to the workshop for the Course Director to analyse in advance and address during the course. Course Certificate Upon the successful completion of this course, you will receive a Cer ficate of Comple on bearing the signatures from both the Course Director and the Course Organiser. This Cer ficate will tes fy your endeavour and serve towards your professional advancement. Programme Schedule 08:30 09:00 10:30-10:45 12:30-14:00 15:30-15:45 17:00 Small Class Size Registra on & tea Course starts Refreshment and network Lunch Refreshment and network End of day To ensure maximum course interac on between the trainer and all par cipants, we do limit the number of the delegates for this workshop. This is Infocus commitment to always deliver result-oriented and highest quality products to our valuable clients. Sponsorship & Exhibition Interested in promo ng your products and services to this market? IN HOUSE TRAINING (SAVE UP TO 40%) onal.com/inhouse.shtml We offer sponsorship, exhibi on, adver sing and branding packages uniquely tailored to your marke ng strategy. Contact Jessie Ang on or jessie@infocusinternational.com Interested in this course for a group of people in your company? Contact Jessie Ang on or jessie@infocusinternational.com

5 Event Code: SG DB REGISTRATION FORM EPC Contracts for Energy Industry 9-11 July 2018, Singapore REGISTRATION & ENQUIRY Infocus Interna onal Group Pte Ltd 143 Cecil Street #25-02, Singapore Register Now! DELEGATE DETAILS Contact Tel Main Fax Web YOUR INVESTMENT : Jessie Ang (Ms) : (65) : (65) : (65) : jessie@infocusinterna onal.com : onal.com/epcenergy ORGANISATION DETAILS Company Address FEE PER DELEGATE EARLY BIRD REGULAR RATE Register and pay before 6 April 2018 to enjoy Early Bird Rate For 1-2 USD 3,590 USD 3,790 For 3 or more USD 3,290 USD 3,490 Fee includes luncheons, refreshments and complete set of documenta on. It does not include the cost of accommoda on and travel. HOTEL VENUE Event guests are en tled to our corporate room rate and discounts. Contact us for room booking with corporate discounts. Grand Copthorne Waterfront Hotel 392 Havelock Road, Singapore PAYMENT METHOD Payment is required within five (5) working days upon receipt of invoice. [Telegraphic Transfer] Account name: Infocus Interna onal Group Pte Ltd Account number (USD): Swi code: SCBLSG22 Bank name: Standard Chartered Bank Bank address: 6 Ba ery Road, #01-01, Singapore INFOCUS ENERGY ACADEMY UPCOMING EVENTS Power Purchase Agreement Gas/LNG Contracts Energy Storage Mastering Renewable & Alterna ve Energies Project Finance & Project Financial Modelling Public Private Partnership: Financing, Projects & Contracts Power Week 2018 Conference: GROUP DISCOUNT Register 3 or more to enjoy! Tel AUTHORISATION Registra on is not valid without authorisa on Signature View course calendar: onal.com/events.html TERMS & CONDITIONS Should you be unable to a end, a subs tute delegate is welcome at no extra charge. If this is not suitable, cancella ons must be made in wri ng (le er or fax) at least 30 days before the program commences. A full refund less an administra on charge of 10% will be given. Registra ons cancelled less than 30 days before the event must be paid in full and a credit voucher equivalent to the full amount will be issued for you to a end any Infocus Interna onal Group events for up to 18 months. Credit vouchers will not be issued for no-shows without cancella on. Infocus Interna onal Group will provide full course documenta on to a delegate who has paid, but is unable to a end. Infocus Interna onal Group reserves the right to change the content of the program without no ce including the subs tu on, altera on or cancella on of speakers and/or topics and/or the altera on of the dates of the event. Infocus Interna onal Group is not responsible for any loss or damage as a result of a subs tu on, alterna on, postponement or cancella on of an event under any circumstances.