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Engineering Procurement And Construction Agreement Template for Germany

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Key Requirements PROMPT example:

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."

Document background
The Engineering Procurement And Construction Agreement (EPC Agreement) is a crucial contract document used for implementing large-scale construction and infrastructure projects under German law. It is particularly suitable for complex industrial, energy, or infrastructure projects where the employer seeks a single point of responsibility for the entire project delivery. The agreement comprehensively covers all aspects of project execution, from initial engineering and design through procurement of materials and equipment to final construction and commissioning. This document type is essential when the project owner wants to transfer significant project risks to the contractor while maintaining clear performance guarantees and quality standards. The agreement incorporates specific requirements of German construction law, including provisions from the BGB (German Civil Code) and VOB/B (German Construction Contract Procedures), while addressing international best practices in project delivery. It is typically used for projects with values exceeding €10 million where sophisticated project management and technical expertise are required.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions









































































Clauses

















































Relevant Industries

Energy & Utilities

Oil & Gas

Chemical & Petrochemical

Infrastructure

Manufacturing

Renewable Energy

Transportation

Mining & Metals

Industrial Processing

Pharmaceutical

Water Treatment

Waste Management

Relevant Teams

Legal

Project Management

Engineering

Procurement

Construction

Commercial

Finance

Risk Management

Quality Assurance

Health Safety Environment

Operations

Technical Services

Contract Administration

Document Control

Compliance

Relevant Roles

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

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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