EPC vs. EPCM in Construction Projects: Limiting Costs, Assessing Risks, and Determining Contractor Involvement
Recording of a 90-minute CLE video webinar with Q&A
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 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.
- Contracts with subs and vendors
- Fixed costs
- Assumed risks of contractor
- Services agreements
- Supervising, management, and coordinating construction interface
- Cost-reimbursable fee structure
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 vs. 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?
John M. Frega
Troutman Pepper Hamilton Sanders
Mr. Frega advises clients in all aspects of commercial transactions, specifically focusing on the drafting and... | Read More
Mr. Frega advises clients in all aspects of commercial transactions, specifically focusing on the drafting and negotiation of master services agreements, complex design services agreements, material procurement agreements and construction services agreements. He has extensive experience in the drafting, negotiating and management of construction contracts, including design services, construction management, construction services and material procurement agreements. His experience spans across various project pricing and delivery methods, including lump sum, time and material, unit price, GMP, EPC and EPCM. In addition to his transactional practice, Mr. Frega has represented owners and contractors in litigation matters in both state and federal court. These cases have involved prosecution and defense of breach of contract, non-payment, delay and professional negligence claims.Close
Joshua M. Lindsay
Crowell & Moring
Mr. Lindsay represents international and domestic clients through the resolution of complex cross-border disputes and... | Read More
Mr. Lindsay represents international and domestic clients through the resolution of complex cross-border disputes and U.S. government investigations. He has particular experience in advising clients concerning construction and engineering commercial agreements and in litigating construction disputes. Mr. Lindsay has served as both project counsel and high-stakes disputes counsel for some of the world’s most complex and ambitious projects across industries, including transportation and other public and private infrastructure. He has detailed working knowledge of AIA, FIDIC, and other forms of construction contracts, as well as EPC and EPCM contract structures—experience that is complemented by his professional background as a nuclear engineer and years of experience working alongside leading international technical, delay, and quantum experts. Mr. Lindsay has served as an Adjunct Professor of Law at American University Washington College of Law.Close