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

Introduction:

The Engineering, Procurement, Construction, Installation, and Commissioning (EPCIC) Contract is extensively utilized in complex onshore and offshore projects due to its comprehensive nature. Mastery of EPCIC contracts enables marine professionals to manage risks effectively, reducing liability and streamlining operations. As marine projects become increasingly complex and larger in scale, effective contract management becomes crucial. This advanced EPCIC and marine contract management course offers an in-depth exploration of managing contracts within the EPCIC framework, including island and shipyard construction works. Participants will enhance their skills to manage contracts with proficiency, essential for marine contracts managers, through expert instruction.

Objectives:

Participants of this advanced EPCIC and marine contract management course will be well-equipped to:

• Recognize the global, local, and financial aspects of EPCIC contracts and evaluate associated risks.
• Compare and contrast EPCIC and EPCM contracts, understanding the underlying legal principles.
• Identify key contract phases from pre-tender to project completion.
• Address major issues during each project phase with enforceable contractual clauses.
• Avoid ambiguous drafting and pitfalls.
• Utilize a comprehensive guide for all aspects of contract management and problem-solving.
• Implement standard practices to mitigate claims.
• Familiarize themselves with diverse contracting clauses.
• Manage contract variations and distinguish between standard and bespoke contracts.

Training Methodology:

• Expert-led lectures
• Case studies
• Group discussions
• Role play
• Workshops
• Scenario analysis
• Q&A with experts
• Document analysis

Course Outline:

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

• Strategic approach to contracting in marine projects
• Management of contractor obligations under EPCIC contracts
• Mechanics of split contracts for offshore projects
• Detailed exploration of EPCIC contracts for marine works
• Optimal contract structure for projects
• Strategic management of the tendering and awarding process

Unit 2: Tender Process Leading to an EPCIC Contract

• Litigation readiness for tenderers
• Appraisal and management of tenders according to best practices
• Clarity in scope, terms, and conditions of shipyard contracts
• Exceptions and WTO considerations
• Simplification of tender negotiations
• Legal standing of LOI and LOA
• Key elements for successful tender completion

Unit 3: Negotiating Essential Contractual Terms of EPCIC Contracts

• Target areas in project management
• Cost impact management through delay, price escalation, and similar clauses
• Indemnities and liabilities: MAC clauses, HSE
• Political risk stabilization and insurance
• Force Majeure and termination clauses
• Case studies and drafting exercises on project management and contractual terms
• Coordination and completion problems
• Liquidated damages and dispute management
• Enforcement of commencement and completion dates

Unit 4: Essential Aspects of Risk Management Contained Within the Strategies

• Risk management in design, technology, and processes
• Procurement and specification risk
• Variations and cost effects
• Multi-currency contracts and payment issues
• Delay, liquidated damages, and completion testing
• Shifting liabilities and risks through contractual clauses

Unit 5: Contract Completion – Critical Issues

• Implications of accepting the Punch List of Defects
• Responsibility for safety, insurance, and passing of title and risk
• Warranties and guarantees
• Transfer of Shareholders Agreement and Intellectual Property Rights
• Defects clause exceptions
• Dispute avoidance strategies

Conclusion:

Completing this advanced EPCIC and marine contract management course will significantly benefit professionals managing marine contracts by enhancing their contract management skills, enabling effective implementation, and handling of complex contracts in the marine field.