Clyde & Co

Experts

5

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Paul Cole
Senior Associate
Clyde & Co
Richard Power
Clyde & Co
Sabrina Janzik
Clyde & Co
Terry Saeedi
Partner
Clyde & Co
Contributions by Clyde & Co

17

Design and design risk in EPC contracts
Design and design risk in EPC contracts
Practice notes

This Practice Note compares how different standard form EPC contracts deal with design responsibility, checking of the design and the approval process. The contracts compared include the FIDIC Silver and Yellow Books (1999 and 2017 editions) and the IChemE International Red Book.

Dispute boards—appointment, administration and procedure
Dispute boards—appointment, administration and procedure
Practice notes

This Practice Note deals with the selection and appointment of the dispute board members, and how they should operate once appointed.

Dispute boards—use in different forms of contract
Dispute boards—use in different forms of contract
Practice notes

This Practice Note discusses the use of dispute boards in various forms of contract (including FIDIC and NEC4), and considers how dispute boards are used on UK construction projects.

Dispute boards—what are the advantages and disadvantages?
Dispute boards—what are the advantages and disadvantages?
Practice notes

This Practice Note considers the pros and cons of the use of dispute boards.

Dispute boards—what are they and where are they used?
Dispute boards—what are they and where are they used?
Practice notes

This Practice Note looks at what dispute boards are, how they have evolved and where they are used.

EPC contracts—contractor claims
EPC contracts—contractor claims
Practice notes

The employer's aim in EPC contracts is to pass almost all of the potential risks inherent in the project to its EPC contractor with the contractor pricing the contract accordingly. Nevertheless, the contractor can still make claims under turnkey contracts in specific circumstances. This Practice Note considers the types of claims that EPC contractors can make, the procedure for bringing a claim or resolving a dispute regarding a claim and the points to consider when negotiating the contract in relation to such potential claims.

EPC contracts—employer remedies
EPC contracts—employer remedies
Practice notes

This Practice Note examines the rights and remedies that are available to an employer when a contractor defaults under an EPC contract. It looks at the situation when there are delays to completion and also when an installation or project does not meet performance standards.

EPC contracts—handover, testing and commissioning
EPC contracts—handover, testing and commissioning
Practice notes

This Practice Note describes the processes of handover, testing and commissioning on EPC contracts, in what order they occur and what the implications are of each for both the contractor and the employer. It also describes which type of projects require testing and commissioning to take place and how these processes can impact on handover.

EPC contracts—limits of liability
EPC contracts—limits of liability
Practice notes

This Practice Note describes the types of limitation of liability provisions found in EPC contracts, the rationale for such clauses, particularly on large infrastructure projects and how such clauses should be drafted.

Feed-in tariff (FiT)—accreditation
Feed-in tariff (FiT)—accreditation
Practice notes

This Practice Note considers ‘ROO-FIT’ accreditation process for the Feed-in-Tariffs scheme. The ROO-FiT Feed-in Tariff application process should be used by all solar PV and wind installations with a declared net capacity greater than 50kW and by anaerobic digestion and hydro installations of any capacity. This Practice Note has been produced in partnership with Clyde & Co.

International construction contracts—commercial considerations
International construction contracts—commercial considerations
Practice notes

This Practice Note identifies the key commercial and contractual issues that need to be considered when dealing with construction projects outside the UK, including language issues, local customs, the use of standard forms, funding and shipping/transport.

Introduction to EPC contracts
Introduction to EPC contracts
Practice notes

This Practice Note provides an introduction to EPC contracts—how they differ from traditional contracts, what the key aspects are, what type of projects they are used on and whether they are used with or without amendments.

Prudential requirements for UK insurers—introduction
Prudential requirements for UK insurers—introduction
Practice notes

This Practice Note is one of three that provide an overview of the prudential regulatory framework applicable to UK life and general insurers and reinsurers that fall within the scope of the Solvency II Directive (Directive 2009/138/EC, as amended) (Solvency II) following the implementation of Solvency II on 1 January 2016. The Practice Note gives an overview of the prudential requirements affecting UK insurers and focuses on the Pillar 1 quantitative requirements applicable to them.

Prudential requirements for UK insurers—Pillar 1 requirements
Prudential requirements for UK insurers—Pillar 1 requirements
Practice notes

This Practice Note is one of three that considers the prudential regulatory framework applicable to UK life and general insurers and reinsurers that fall within the scope of the Solvency II regime (Solvency II) following the implementation of Solvency II on 1 January 2016 and the UK’s departure from the EU on 31 December 2020. The Practice Note focuses on the Pillar 1 quantitative requirements.

Prudential requirements for UK insurers—Pillar 2 and Pillar 3 requirements
Prudential requirements for UK insurers—Pillar 2 and Pillar 3 requirements
Practice notes

This Practice Note is one of two that provides an overview of the prudential regulatory framework applicable to UK life and general insurers and reinsurers that fall within the scope of the Solvency II Directive (Directive 2009/138/EC, as amended) (Solvency II) following the implementation of Solvency II on 1 January 2016. This Practice Note focuses on the Pillar 2 and Pillar 3 requirements applicable to insurers. On 10 December 2018, the Senior Managers and Certification Regime was extended to insurers and it replaced the Senior Insurance Managers Regime, representing further strengthening of the regulatory regime to managers.

Rail infrastructure contracts
Rail infrastructure contracts
Practice notes

This Practice Note looks at rail infrastructure projects. It considers the regulations of the railways and the rail industry, the common procurement routes for rail infrastructure works and significant provisions in rail contracts. It also looks at Network Rail’s alliance agreements.

Waste to energy infrastructure projects—an introduction
Waste to energy infrastructure projects—an introduction
Practice notes

This Practice Note introduces waste to energy infrastructure projects. It looks at procurement routes (including via waste PFI/PPP projects, where an authority provides the waste, and so called ‘merchant waste’ projects where the waste is sourced from the private sector) and forms of contract commonly used in this sector and also at key areas of risk and negotiation. It includes waste to energy projects using incineration of waste (often referred to as ‘energy from waste’ (or EfW)) and using non-incineration methods like anaerobic digestion or advanced gasification. The Practice Note highlights key points in these contracts that lawyers need to be aware of and some of the issues that funders and investors will take into consideration.

Contributions by Clyde & Co Experts

4

Challenging jurisdiction and anti-suit provisions in Canada
Challenging jurisdiction and anti-suit provisions in Canada
Practice notes

This Practice Note sets out the how a party to arbitration may challenge the jurisdiction of an arbitrator or tribunal in Canada and the position in relation to anti-suit injunctions. It deals with the use of the 1985 UNCITRAL Model Law in Canadian law, and the amended version adopted in 2006, the position in relation to provincial, territorial and federal international arbitration legislation, judicial intervention and the process for making a challenge. It also covers the granting of anti-suit injunctions, the staying of proceedings in Canada, the courts’ approach and the duration, timing and costs of the procedure.

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