Introduction to design and build contracts and EPC contracts for project finance lawyers
Introduction to design and build contracts and EPC contracts for project finance lawyers

The following Banking & Finance guidance note provides comprehensive and up to date legal information covering:

  • Introduction to design and build contracts and EPC contracts for project finance lawyers
  • What is a design and build contract?
  • Advantages of design and build contracts
  • Key considerations with design and build procurement
  • What is an EPC contract?
  • Advantages of EPC contracts
  • Key considerations in an EPC contract
  • When are EPC contracts used?
  • Forms of EPC contracts

BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the limited extent agreed), but the UK must continue to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements) and submit to the continuing jurisdiction of the Court of Justice of the European Union in accordance with the transitional arrangements in Part 4 of the Withdrawal Agreement. For further reading, see: Brexit—introduction to the Withdrawal Agreement. This has an impact on the information regarding public procurement in this Practice Note. For guidance, see News Analyses: Deal or no deal―how will Brexit impact public procurement? and Commercial: Brexit and Public procurement.

In addition, the UK government has published high level guidance on public procurement post-Brexit:

  1. Public-sector procurement under the EU Withdrawal Agreement, and

  2. Public-sector procurement after a no-deal Brexit.

The contractual method by which a project sponsor decides to procure a construction project is a key factor in determining the cost-effectiveness, quality and overall success of the project and the project sponsor’s satisfaction with the end