Understanding and Negotiating EPC Contracts: Annotated sample contract forms

Book excerpt: The challenge of the parties to an EPC contract is not to eliminate risk but rather put into place a narrative structure that enables you to predict the contractual result 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 sample forms of contract 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.