The following Construction practice note Produced in partnership with Clarke Willmott LLP provides comprehensive and up to date legal information covering:
There are three main procurement routes used in UK energy projects:
engineering, procurement and construction (EPC) contract procurement
split EPC contract procurement
multi-party contract procurement
This Practice Note provides a review of each of these methods, and discusses some of the benefits and disadvantages of each route and practical issues to consider. It is intended as a basic guide; professional legal advice should be sought before choosing a procurement option for your specific project.
The EPC contract is the most common method of procurement for UK energy, large-scale and complex infrastructure projects. Under an EPC contract the contractor is responsible for the delivery of the total project including the design, engineering, procurement of the materials, construction and testing of the mechanical elements. For more information on EPC contracts see Practice Notes: Introduction to EPC contracts, EPC contracts—handover, testing and commissioning and EPC contracts—limits of liability.
The diagram below illustrates the key contractual structure of a project procured using the EPC route with project finance backing. This structure may change from project to project although the diagram details the contractual matrix:
Effectively, an EPC contract usually specifies that the project be delivered on a turnkey basis. This means it should be delivered for a fixed price, within a fixed time scale, and should deliver performance that is based on pre-defined standards, to enable the employer to be
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.