BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Tuesday, October 4, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will discuss the differences between engineering, procurement, and construction (EPC) contracts and engineering, procurement, construction, and management (EPCM) contracts in large construction projects. The panel will discuss the varying roles of the lead contractor in both environments, how risks and liabilities are attributed, and why making the wrong choice in structuring a project may have high long-term costs.

Faculty

Scott D. Cahalan
Partner
Smith Gambrell Russell

Mr. Cahalan has substantial experience representing owners, contractors, subcontractors, engineers, architects, suppliers, manufacturers and vendors in connection with construction, commercial and other business matters. His practice primarily consists of drafting and reviewing construction contracts, providing advice during construction and construction litigation, arbitration and mediation. Mr. Cahalan was the primary drafter of the Associated Owners and Developers’ AOD 2002 – Standard Form of Agreement Between Owner and Contractor Where the Price Is Fixed or Lump Sum, and the Associated Owners and Developers’ AOD 2003 – Standard Form of Agreement Between Owner and Contractor for Work on a Cost Plus Fee Basis With a Guaranteed Maximum Price. He has also given numerous seminars throughout the U.S. and Europe concerning construction contracts, implied contract obligations, claims, green building, construction insurance, and mechanics lien law. Since 2010, Mr. Cahalan has been an instructor at the Georgia Institute of Technology where he teaches Design and Construction Law.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Robert A. James
Partner; Co-Leader, Projects Team
Pillsbury Winthrop Shaw Pittman LLP

For more than 40 years Mr. James has helped clients achieve their goals on complex energy, construction and infrastructure transactions. His practice focuses on energy project development and acquisitions; complex commercial agreements and joint ventures; and engineering, procurement and construction contracts for facilities and infrastructure, including PPPs. Mr. James is a frequent author and lecturer on the development aspects of the energy transition, international investment projects, and other developing issues.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

Continued supply chain disruptions are intensifying existing challenges in the construction market, such as fragmentation, low profitability, and concerns shared by owners and contractors alike about time and budget overruns, lengthy claims procedures, and escalating disputes. Effective claims management and dispute avoidance are paramount during these extraordinary times and will require an elevated level of constructive engagement between all parties, and where possible, creativity and flexibility from all stakeholders.

Understanding the risks and benefits of a project's management and procurement structure is critical to effective claims management and dispute mitigation. Although EPC and EPCM contracts have been used in the construction sector for many years, there remains confusion about the differences between these contracts, the role each party is required to play, and when to use one arrangement over the other. The fundamental difference is the role of the EPC or EPCM contractor.

EPC contracts provide a fixed cost and limitations on change orders, as well as hard deadlines. While this benefits owners and developers, it puts contractors at risk due to potential delays and cost overruns. In contrast to the EPC model, the EPCM contractor is not directly involved in building and constructing the project but is instead responsible for the detailed design and overall management of the project on behalf of the owner or principal. The EPCM contractor has a duty to ensure that the project's engineering and design comply with the project's technical and functional specifications.

For projects in the early stages of selecting a procurement and management strategy, both EPC and EPCM have advantages and disadvantages but can be beneficial when used in the right circumstances. The objectives, scope of work, and risk profile should be clearly understood in choosing which method to use as the cost implications of choosing the incorrect form can be substantial for both parties.

Likewise, for projects already well underway and facing mounting delays, cost overruns, and other challenges due to supply chain breakdowns due to COVID-19 disruptions or other causes, the best solutions to these problems may vary depending on whether the lead contractor has EPC or EPCM responsibilities.

Listen as our panel of construction practitioners addresses the EPC and the EPCM contracts' ins and outs and provides guidance on when to utilize these agreements. The panel will discuss critical clauses, how to mitigate contractor liability, and when each contact should be utilized.

Outline

  1. EPC
    1. Contracts with subs and vendors
    2. Fixed costs
    3. Assumed risks of contractor
  2. EPCM
    1. Services agreements
    2. Supervising, management, and coordinating construction interface
    3. Cost-reimbursable fee structure
    4. Scheduling

Benefits

The panel will review these and other key issues:

  • What are the advantages and disadvantages when utilizing an EPC vs. an EPCM contract for large construction projects?
  • How can the scope of work and pricing in EPC contracts be clarified to mitigate risks?
  • What risks do owners and contractors assume under EPCM contracts?
  • How do the differences between an EPC and an EPCM contract impact related project procurement strategy considerations?
  • What factors should construction counsel consider when tailoring an EPC or EPCM contract to a particular project?