Gain valuable insight into the use of EPC and EPCM contracts and the associated risks.
The engineering, procurement, and construction (EPC) delivery method, commonly known as the turnkey delivery method, has long been the favored delivery method for owners of complex infrastructure, innovative/state of the art manufacturing, power, and renewable energy projects because EPC contracts make the EPC contractor the single point of responsibility for achieving an agreed upon level of performance at a set price, within a set period of time. Huge losses by contractors on EPC projects in recent years, however, have resulted in contractors considering the EPC delivery method the black sheep in the family of construction contracts.
The engineering, procurement, and construction management (EPCM) delivery method is more favored by contractors than the EPC delivery method because the EPCM contractor is not directly at risk for the construction of the project with an EPCM contract; rather, the EPCM contractor designs the project and manages the construction on behalf of the owner. Loss of single point responsibility, however, makes the EPCM less attractive to owners because multiple points of responsibility make it difficult to get performance guarantees and can result in the owner getting caught up in disputes between the various contractors.
This material will explore the use of EPC and EPCN contracts and the advantages and disadvantages of each delivery method. This information will review several of the provisions commonly found in EPC contracts and ways in which an EPC contractor can contractually control, manage, and reduce its risk under an EPC contract. This topic will also look at variations in the EPC delivery method, including the use of build-operate-transfer contracts and build-own-operate-transfer contracts, which may soften the EPC contractor’s risk.
This information will provide owners, developers, contractors, subcontractors, engineers, attorneys, and others who have an interest in the EPC and EPCM methods of project delivery with valuable insight into the use of EPC and EPCM contracts and the associated risks with these delivery methods.
Learning Objectives
- You will be able to describe the risks assumed by EPC contractors with the EPC delivery method.
- You will be able to identify common terms in EPC contracts not typically found in other construction contracts.
- You will be able to discuss the advantages and disadvantages to using the EPC and EPCM delivery methods.
- You will be able to explain ways by which contractor can reduce, control, and manage risk under an EPC contract.
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Agenda
| Introduction | |
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| Use of the EPC/EPCM Delivery Methods | |
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| EPC Provisions Not Typically in Other Contracts | |
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| Reducing EPC Contractor Risk | |
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| EPC Variations | |
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Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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- AIA 1.5
- Lorman Education Services is a registered provider of AIA-approved continuing education under Provider Number J2016. This course is approved for 1.5 Learning Unit hour(s). Prerequisite: None, Program Level: Intermediate: Advanced Preparation: None
All registered AIA CES Providers must comply with the AIA Standards for Continuing Education Programs. Any questions or concerns about this provider or this learning program may be sent to AIA CES ([email protected] or (800) AIA 3837, Option 3). This learning program is registered with AIA CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product. AIA continuing education credit has been reviewed and approved by AIA CES. Learners must complete the entire learning program to receive continuing education credit. AIA continuing education Learning Units earned upon completion of this course will be reported to AIA CES for AIA members. Certificates of Completion for both AIA members and non-AIA members are available upon request.
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- AR CLE 1.5
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- Arizona CLE 1.5
- The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.5
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- This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
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- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
- AK ENG 1.5
- This program is applicable for professional development hours through the Alaska State Board of Registration for Architects, Engineers and Land Surveyors. Professional development hours: 1.5.
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- ID ENG 1.5
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- IL ENG 1.5
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*Please check the rules and regulations in your state for compliance.
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- The Louisiana Professional Engineering and Land Surveying Board (LAPELS) no longer approves providers or courses. Lorman Business Center, LLC. feels that this course is worth 1.5 PDH(s). According to LAPELS' rules, It will be the responsibility of the licensee to determine if a Course/Activity offered by an unapproved sponsor/provider is an Acceptable Activity.
- MD ENG 1.5
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This course is applicable for 1.0 CPC credits for engineers. *
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- This program is applicable for 1.8 PDHs for engineers through the Pennsylvania State Board of Professional Engineers, Land Surveyors and Geologists.*
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- This course is applicable for 1.5 hours toward the PDH requirement for engineers through the South Carolina Board of Registration for Professional Engineers.*
*Please check the rules and requirements in your state for compliance.
- SD ENG
- This course is applicable for professional development hours for engineers in South Dakota.*
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- This course is applicable for professional development hours for engineers.*
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- This course is applicable for professional development hours for engineers.*
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- This course is applicable for professional development hours for engineers.*
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- VA ENG 1.5
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- VT ENG
- This course is applicable for professional development hours for engineers.*
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- WI ENG 1.5
- This course is applicable for a maximum of 1.5 hours toward the PDH requirement for engineers.*
*The Wisconsin Engineer Section has final authority on the acceptance of individual courses and providers.
- WV ENG 1.5
- This course is applicable for 1.5 professional development hours for engineers.*
*Please check the rules and requirements in your state for compliance.
CPE 1.8 including Business Law 1.8
- Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Business Law for 1.8 hours. Prerequisite: . Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board.
Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
Who should attend?
This live webinar is designed for presidents, vice presidents, contractors, subcontractors, engineers, architects, project managers, contract managers, developers, accountants, controllers, and attorneys.
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Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Scott D. Cahalan
Smith, Gambrell & Russell, LLP
- Partner in the Construction Law and Litigation Section of Smith, Gambrell & Russell, LLP, an AmLaw 200 firm
- Adjunct Professor of Design and Construction Law at the Georgia Institute of Technology
- Counsel to the Georgia Utility Contractor’s Association
- Special Assistant Attorney General for the State of Georgia
- Recognized by Chambers USA, America’s Best Lawyers, and Georgia Super Lawyers for construction law in the State of Georgia
- Drafter of the Associated Owners and Developers’ standard form construction contracts
- Frequent author and lecturer on construction law
- Member of the State Bar of Georgia, Northern District of Georgia, and 11th Circuit Court of Appeals
- J.D. degree, with honors, University of Georgia; B.S. degree in construction engineering, Iowa State University
- Can be contacted at 404-815-3711, [email protected] or [email protected]
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Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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