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 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.
- 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 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?
Scott D. Cahalan
Smith Gambrell & Russell
Mr. Cahalan has substantial experience representing owners, contractors, subcontractors, engineers, architects,... | Read More
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.Close
Robert A. James
Partner; Co-Leader, Projects Team
Pillsbury Winthrop Shaw Pittman
Mr. James is co-leader of the Energy Transition practice group of Pillsbury Winthrop Shaw Pittman LLP, resident in both... | Read More
Mr. James is co-leader of the Energy Transition practice group of Pillsbury Winthrop Shaw Pittman LLP, resident in both San Francisco and Houston. His energy and construction practice focuses on development of renewable generation, storage and transmission, grid infrastructure, and other complex transactions for clients creating industrial, energy, resource extraction and public works of improvement. Mr. James has spoken on the development aspects of the energy transition at Stanford, Northwestern, and bar and industry forums. He is the author of numerous articles on energy topics and is senior research fellow of the Institute for Carbon Removal Law & Policy at American University. He has served as a Lecturer at UC Berkeley Law on international investment projects, as well as speaking in international business and energy courses at UC Davis, Stanford, and the University of Hawaii law schools.Close