'Every lawyer involved in project finance should read this book!' Oscar Frota, Senior Legal Counsel, GDF Suez Energy Latin America 'From the finance side, before we can even look at the economics of a project, we need to know that its contractual structure is sound. This book is a must for any serious banker.' Edmundo Lujan, Executive Director, Project Finance Latin America, Banco Bilbao Vizcaya Argentina S.A. (BBVA) 'There would be a lot less restructuring work if a proper risk allocation had been put in place since inception. This book provides a must-read guide to project parties to achieve that goal.' Jean-Valery Patin, Managing Director and Head of Project Finance Latin America, BNP Paribas 'It's truly astounding how much money companies will spend only to learn they do not have a project that can be financed. This book should be the first investment for any project.' Halil Sunar, Director of Power for Turkey, State Oil Company of Azerbaijan (SOCAR) 'Financing projects is all about understanding the risks. Anyone who hasn't read this book is just giving himself an unnecessary handicap.' Natasha Kirby, Associate Director, Strategic Energy Solutions Group, HSBC

In Understanding and Negotiating EPC Contracts, Howard Steinberg presents a practical and comprehensive guide to understanding virtually every aspect of engineering, procurement and construction (EPC) contracts for infrastructure projects. Any project which involves an EPC contract is also likely to involve a number of other complicated contracts. The challenge of the parties to an EPC contract is not to try to eliminate risk but rather put into place a narrative structure that enables the parties to predict the contractual result that would obtain if a risk materializes. If the EPC contract does not allow the parties to determine the consequences of an unanticipated situation, they will have to look to an expert, mediator, tribunal, or court to impart guidance or pass judgment. The 25 chapters in Volume 1 are supplemented with real-life examples and court decisions, and offer tactical advice for anyone who must negotiate or understand EPC contracts in connection with the implementation, financing or operation of infrastructure projects. The sample forms of contract contained in Volume 2 of Understanding and Negotiating EPC Contracts are intended to serve as a guide to demonstrate how risks and responsibilities can be allocated among project sponsors, EPC contractors and the various other parties that may be involved in a project. Collectively these two volumes offer an extraordinary resource that provides the benefit of lessons learned and priceless insight into any project being undertaken which can help assure the resilience of any EPC project.
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Contents: Volume 1: Foreword; Introduction; a historical perspective; Choosing a development approach; The EPC contractor's approach; Beginning the evaluation process; Full-scale development; Philosophy of the EPC contract; Subcontractors; Site or route survey; The work; The sponsors obligations under the EPC contract; Monitoring the progress of the work; Unforeseen circumstances, adjustments and change orders; The EPC contractor's failure to perform; The owner's failure to discharge its responsibilities; Unexpected market conditions; Testing and completion of the work; liquidated damages for delay and impaired performance; The EPC contractor's warranties of the work; Security for the EPC contractor's performance; limitations on overall liability and contract expiration; Payment for the work; Title and other legal matters; Indemnification and insurance; Dispute resolution and governing law; Interested third parties; Afterword; Table of case citations; Index; Glossary. Volume 2: Reader's note; Foreword; Introduction; How to use these sample contract forms. Part A Sample Form of Letter of Intent for Fixed Price, Lump Sum, Turnkey, Engineering, Procurement and Construction Contract. Part B Sample Form of Limited Notice to Proceed Agreement. Part C Sample Form of Fixed Price, Lump Sum, Turnkey, Engineering, Procurement and Construction Contract. Part C Supplemental Provisions for Certain Types of Projects: Power plant specific provisions; Electrical transmission facilities; Liquid natural gas terminals; Air separation units. Index.
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Produktdetaljer

ISBN
9781472450937
Publisert
2016-08-31
Utgiver
Taylor & Francis Ltd
Høyde
244 mm
Bredde
172 mm
Aldersnivå
UP, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Kombinasjonsprodukt

Biografisk notat

Howard M. Steinberg is a partner in the law firm Shearman & Sterling LLP and has more than 25 years of legal experience in the infrastructure sector in more than 100 countries. He is named a leading lawyer in project finance by Chambers & Partners and IFLR 1000. He represents sponsors, off-takers, miners, suppliers, engineering firms, consultants, financial advisors, contractors, operators, underwriters, lenders, export credit agencies and multi-lateral institutions in the development, acquisition, restructuring and privatization of projects around the world. He holds bachelor's and business degrees from Columbia University and law degree from New York University.