Infrastructure projects—project documents
Produced in partnership with Victoria McGie

The following Construction practice note produced in partnership with Victoria McGie provides comprehensive and up to date legal information covering:

  • Infrastructure projects—project documents
  • Construction contract
  • Sub-contracts
  • Professional appointments
  • Employer’s agent/project management appointment
  • EPCM agreement
  • Technology and licence agreement
  • Supply agreements
  • Offtake agreement
  • Concession agreement
  • More...

Infrastructure projects—project documents

This Practice Note examines the main agreements involved in an infrastructure project. The project documents discussed below will not be relevant to every infrastructure project—the project structure, procurement method, financing model and nature of the project and parties will determine which project documents are required.

For more details on the project parties referred to in this note, please see Practice Note: Infrastructure projects—parties. Note that the party referred to as ‘employer’ in this Practice Note would typically be the ‘Project Co’ under a project finance structured infrastructure project.

Construction contract

The construction contract is the agreement between the employer and the contractor for the design (to varying extents) and construction of the infrastructure facility.

Depending upon the procurement method, there may be one construction contract for the whole project (such as an EPC/Turnkey contract) or multiple contracts with different contractors for multiple works packages (such as under EPCM procurement). The construction contract may be bespoke or based upon an industry standard form.

For more information on infrastructure procurement and forms of construction contracts, see Practice Notes: Infrastructure projects—procurement and Infrastructure projects—forms of construction contracts.

The construction contract is central to the infrastructure project. It typically sets out the:

  1. scope of works

  2. risk profile for project risks assumed by each party

  3. date(s) for completion of the works

  4. grounds for the contractor to claim extensions of time and additional amounts

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