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Engineering Procurement And Construction Agreement
"I need an Engineering Procurement And Construction Agreement for a solar power plant project in Bavaria, Germany, with a planned capacity of 100MW and scheduled completion by June 2025. The agreement should include specific provisions for renewable energy performance guarantees and grid connection requirements."
1. Parties: Identification of the contracting parties - Employer and Contractor
2. Background: Context of the agreement and project overview
3. Definitions and Interpretation: Defined terms, rules of interpretation, and document hierarchy
4. Contractor's Obligations: Core obligations including engineering, procurement, and construction responsibilities
5. Employer's Obligations: Key responsibilities including site access, permits, and payments
6. Contract Price and Payment: Price structure, payment terms, invoicing, and payment procedures
7. Commencement and Programme: Project schedule, milestones, and completion dates
8. Design and Engineering: Design responsibilities, approval processes, and standards
9. Procurement and Materials: Material specifications, procurement procedures, and quality requirements
10. Construction and Installation: Construction methodology, standards, and site management
11. Testing and Commissioning: Test procedures, acceptance criteria, and commissioning requirements
12. Variations: Procedures for changes to scope, price, or schedule
13. Quality Assurance: Quality management systems and inspection procedures
14. Warranties and Defects: Warranty periods, defect remediation, and performance guarantees
15. Health, Safety and Environment: HSE requirements and compliance obligations
16. Force Majeure: Force majeure events and consequences
17. Suspension and Termination: Rights and procedures for suspension and termination
18. Liability and Indemnities: Liability limitations and indemnification obligations
19. Insurance: Required insurance coverage and terms
20. Dispute Resolution: Dispute resolution procedures and governing law
21. Miscellaneous: Standard boilerplate provisions including notices and assignments
1. Interface Management: Required when multiple contractors are involved or interface with existing facilities is necessary
2. Customs and Import Duties: Needed for projects involving international procurement
3. Local Content Requirements: Include when there are specific local content obligations
4. Technology License: Required when proprietary technology is being licensed as part of the project
5. Pre-existing Site Conditions: Important for brownfield projects or sites with known issues
6. Operation and Maintenance Support: Include when the contractor has post-completion O&M obligations
7. Training: Required when contractor must train employer's personnel
8. Step-in Rights: Include for critical infrastructure projects or when required by lenders
9. Lender Requirements: Needed for projects with external financing
1. Schedule 1 - Scope of Work: Detailed technical specifications and scope description
2. Schedule 2 - Site Information: Site details, access points, and existing conditions
3. Schedule 3 - Time Schedule: Detailed programme, milestones, and completion dates
4. Schedule 4 - Price Schedule: Detailed breakdown of contract price and payment milestones
5. Schedule 5 - Key Personnel: List of key personnel and their responsibilities
6. Schedule 6 - Forms of Guarantees: Templates for performance security and other guarantees
7. Schedule 7 - Testing and Commissioning: Detailed testing procedures and acceptance criteria
8. Schedule 8 - HSE Requirements: Detailed health, safety, and environmental requirements
9. Schedule 9 - Quality Requirements: Quality assurance and control procedures
10. Schedule 10 - Forms of Certificates: Templates for various certificates (completion, acceptance, etc.)
11. Schedule 11 - Permits and Licenses: List of required permits and responsible parties
12. Schedule 12 - Warranty Requirements: Detailed warranty specifications and procedures
13. Schedule 13 - Insurance Requirements: Detailed insurance specifications and requirements
14. Schedule 14 - Subcontractors: List of approved subcontractors and suppliers
Authors
Energy & Utilities
Oil & Gas
Chemical & Petrochemical
Infrastructure
Manufacturing
Renewable Energy
Transportation
Mining & Metals
Industrial Processing
Pharmaceutical
Water Treatment
Waste Management
Legal
Project Management
Engineering
Procurement
Construction
Commercial
Finance
Risk Management
Quality Assurance
Health Safety Environment
Operations
Technical Services
Contract Administration
Document Control
Compliance
Project Director
Contract Manager
Legal Counsel
Project Manager
Construction Manager
Engineering Manager
Procurement Manager
Commercial Manager
Risk Manager
Technical Director
Chief Financial Officer
Operations Director
Quality Manager
HSE Manager
Cost Controller
Design Manager
Site Manager
Claims Manager
Document Controller
Compliance Officer
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