Engineering Procurement And Construction Agreement

Engineering Procurement And Construction Agreement Template for Singapore

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Key Requirements PROMPT example:

"I need an Engineering Procurement And Construction Agreement for a solar power plant project in Singapore, with a contract value of approximately SGD 50 million and specific requirements for local content and technology transfer to be completed by March 2025."

Document background

The Engineering Procurement And Construction Agreement is utilized for complex construction projects where a single contractor takes full responsibility for design, procurement, and construction through to completion. This type of agreement is particularly relevant in Singapore's highly regulated construction sector, where it must comply with stringent Building and Construction Authority requirements. The document typically includes detailed specifications, risk allocation provisions, completion requirements, and performance guarantees, making it suitable for large-scale infrastructure, industrial, and commercial projects. It provides clarity on scope, timelines, payment terms, and quality standards while ensuring compliance with Singapore's construction industry regulations.

Suggested Sections

1. 1. Parties: Identification and details of the Employer and Contractor

2. 2. Background: Project context, purpose, and preliminary matters leading to the agreement

3. 3. Definitions and Interpretation: Defined terms and rules of interpretation

4. 4. Scope of Works: Detailed description of works to be performed, including design, procurement, and construction obligations

5. 5. Contract Price and Payment Terms: Price, payment schedule, variations, and payment procedures

6. 6. Time for Completion: Project schedule, milestones, and completion dates

7. 7. Contractor's Obligations: General and specific obligations of the contractor including compliance with laws, permits, and approvals

8. 8. Employer's Obligations: General and specific obligations of the employer including site access and approvals

9. 9. Testing and Completion: Commissioning, testing procedures, and completion requirements

10. 10. Defects Liability: Defects notification period and remediation procedures

11. 11. Changes and Variations: Procedures for handling changes to scope, design modifications and price adjustments

12. 12. Force Majeure and Relief Events: Events providing relief from obligations and their consequences

13. 13. Suspension and Termination: Rights and procedures for suspension and termination of the contract

14. 14. Indemnities and Limitations of Liability: Mutual indemnities and limitations on liability

15. 15. Insurance: Required insurance coverage and obligations

16. 16. Dispute Resolution: Procedures for resolving disputes including mediation and arbitration

17. 17. Governing Law and Jurisdiction: Applicable law and jurisdiction for the contract

Optional Sections

1. Interface Management: Provisions for managing interfaces with other contractors and stakeholders - used in complex projects with multiple contractors

2. Technology Transfer: Provisions for transfer of technology or knowledge to the employer or local workforce - used when specific technology transfer is required

3. Local Content Requirements: Requirements for local sourcing or employment - used when there are specific local content obligations

4. Environmental and Social Requirements: Specific environmental and social obligations - used for projects with significant environmental or social impact

5. Export Credit Requirements: Specific requirements related to export credit financing - used when project involves export credit agency financing

Suggested Schedules

1. Schedule 1 - Employer's Requirements: Detailed technical specifications and requirements for the works

2. Schedule 2 - Time Schedule: Detailed project timeline, milestones, and completion dates

3. Schedule 3 - Payment Schedule: Detailed breakdown of payments, milestone payments, and payment procedures

4. Schedule 4 - Site Information: Site details, conditions, access requirements and existing facilities

5. Schedule 5 - Forms of Bonds and Guarantees: Templates for performance bonds, advance payment guarantees, and other security documents

6. Schedule 6 - Insurance Requirements: Detailed insurance requirements, coverage levels, and special conditions

7. Schedule 7 - Key Personnel: List of key personnel, their roles, and qualifications requirements

8. Schedule 8 - Forms of Certificates: Templates for various certificates including completion certificates and payment certificates

9. Schedule 9 - Test Requirements: Detailed testing and commissioning procedures and acceptance criteria

10. Schedule 10 - Form of Subcontractor Warranty: Template for warranties to be provided by major subcontractors

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Infrastructure Development
Power Generation
Oil and Gas
Industrial Manufacturing
Commercial Development

Relevant Teams

Legal
Engineering
Procurement
Construction
Finance
Risk Management

Relevant Roles

Project Director
Construction Manager
Contract Manager
Procurement Manager
Chief Engineer
Legal Counsel

Industries

Building Control Act: Primary legislation governing building works, structural requirements, and construction standards in Singapore

Building and Construction Industry Security of Payment Act (SOPA): Legislation facilitating payments in the construction industry and providing adjudication mechanism for payment disputes

Workplace Safety and Health Act: Regulates workplace safety and health standards in construction sites and other workplaces

Environmental Protection and Management Act: Controls environmental impacts of construction activities and sets environmental protection standards

Planning Act: Governs land use and development control in Singapore

Building Control Regulations: Detailed regulations under the Building Control Act specifying technical requirements and procedures

Professional Engineers Act: Regulates professional engineering services and qualifications in Singapore

Architects Act: Governs architectural practice and professional requirements

Employment Act: Basic employment law covering working conditions, rights, and obligations

Work Injury Compensation Act: Provides compensation framework for workplace injuries

Contract Law Act: Basic framework for contract formation and enforcement in Singapore

Unfair Contract Terms Act: Regulates unfair terms in contracts and provides consumer protection

Arbitration Act: Framework for arbitration proceedings in Singapore

Competition Act: Promotes competition and prevents anti-competitive practices in procurement

Fire Safety Act: Establishes fire safety requirements for buildings and construction

Singapore Standards (SS): National standards for construction and engineering practices

BCA Codes: Building Construction Authority's technical codes and guidelines

Employment of Foreign Manpower Act: Regulates the employment of foreign workers in construction projects

Building Maintenance and Strata Management Act: Governs maintenance and management of buildings and common property

Mediation Act: Framework for mediation as an alternative dispute resolution method

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Let's create your Engineering Procurement And Construction Agreement

Authors

Alex Denne

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