Mastering Legal Negotiation & Contract Management Training Courses


Advanced Marine Contracts Management: Navigating EPCIC, Offshore, and Shipyard Complexities

REF: 9066_243255
DATE: 14 - 18 Jul 2024
LOCATION:

Kuala Lumpur (Malaysia)

INDIVIDUAL FEE:

3900 Euro



Introduction:

For complex offshore and onshore projects, the preferred contract module used is the EPCIC (Engineering, Procurement, Construction, Installation & Commissioning) Contract. Understanding the allocation of risk by mastering the ins and outs of EPCIC contracts will prove to be a valuable tool in driving effective contracting strategies to minimize liabilities

Targeted Groups:

  • Commercial Contract Professionals
  • Commercial Operation Professionals
  • Contract Engineers
  • Procurement Supply Chain Professionals
  • Risk manager / Contract Risk Professionals

Course Objectives:

At the end of this course the participants will be able to:

  • Understand the current global, local and financial environment for EPCIC contracts and assess operational, commercial, legal and financial risks in EPCIC contracts
  • Examine and analyze the difference between with EPCIC contracts & EPCM and appreciate the underlying legal principles
  • Appreciate the essential element of the different contract stages from pre to post tender to completion and delivery of project
  • Address key issues faced during the project lifecycle and how to tackle these through enforceable contractual clauses
  • Avoiding drafting pitfalls and ambiguous contractual terms
  • Have a one-stop reference on all aspects of the contracts and for dealing effectively with the problems that may arise
  • Obtain detailed guidance on the contract management techniques that will help the reduce claims
  • Familiarise themselves with different contracting clauses
  • Deal with Changes to contract terms, and differences in approach between standard contracts and bespoke contracts

Targeted Competencies:

  • Putting EPCIC in the context of the different models of EPC Contracts
  • The inherent risk, liabilities and benefits of employing various contracting strategies
  • The challenges of EPCIC lump sum contracts and the ways to manage cost over-runs
  • Structuring the contract to address the issues of the several parties to the contract to ensure a positive project outcome. Pros and Cons of the split EPCIC contract form
  • Insights into the current issues affecting EPCIC contracts like pollution, HSE and local content; managing contractor concerns


Course Content:
Unit 1: EPCIC Overview, Legal Framework & Contract Structure and Risk Allocation:

  • Maximizing Parties Rights and Interests with Appropriate Contracting Strategy
  • Contractor’s Single Point of Responsibility
  • Split Contract Structures
  • EPCIC Aspects in Shipbuilding Contracts for “Floaters”
  • Choosing the Right Contract Structure for Your Project
  • The Tender Process, Tender, and Award. Discussing and Analysing Different Strategies

Unit 2: Tender Process Leading to an EPCIC Contract:

  • Legal, Technical and Commercial Pre-qualification of Tenderers
  • Best Practices in Tender Evaluations and Selection of Tenderer
  • Important of Scope of Work and Specifications and Terms and Conditions
  • Exceptions – What to accept and What to deny?
  • Finalizing Tender Negotiations & Award
  • LOI and LOA Essential Terms and Legal Effects
  • Exercise on the Selection Process and Main Elements to Ensure a Successful Tender Exercise

Unit 3: Negotiating Essential Contractual Terms of EPCIC Contracts:

  • Identifying Critical Issues in the Project Life-cycle
  • Managing Cost Impact Clauses like Delay, Price Fluctuations
  • Indemnities and other Liabilities, MAC Clauses, HSE
  • Changes in Law and Regulations in Host Country & Stabilization Clauses
  • Political Risk Insurance
  • Force Majeure & Termination for Cause and Without Cause
  • Case Study & Drafting Exercise Issues Faced During Contract Life Cycle by Aligning Contractual Terms to Project Management
  • Managing Coordination Issues
  • Handling Completion Issues
  • Liquidated Damages
  • Dispute Resolution
  • Enforcing of Commencement and Completion Dates

Unit 4: Essential Aspects of Risk Management Strategies:

  • Design, Technology & Process Risk
  • Procurement & Specification risk
  • Variations and Cost Impact
  • Payment and Multi-currency Contracts
  • Delay and Liquidated Damages
  • Completion and Testing & Effects of Acceptance
  • Using Contractual Clauses to Manage Liabilities and Risks

Unit 5: Contract Completion – Critical Issues:

  • Acceptance of Punch List of Defects - What is the effect?
  • Passing of Title and Risk - Safety & Insurance
  • Warranties and Guarantees
  • Passing of Intellectual Property Rights
  • Defects - Exculpatory Clauses
  • Dealing with Disputes – considering the different options

Mastering Legal Negotiation & Contract Management Training Courses
Advanced Marine Contracts Management: Navigating EPCIC, Offshore, and Shipyard Complexities (9066_243255)

REF: 9066_243255   DATE: 14.Jul.2024 - 18.Jul.2024   LOCATION: Kuala Lumpur (Malaysia)  INDIVIDUAL FEE: 3900 Euro

 

Mercury dynamic schedule is constantly reviewed and updated to ensure that every category is being addressed at least once a month, if not once every week. Please check the training courses listed below and if you do not find the subject you are interested in, email us or give us a call and we will do our best to assist.