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Engineering Procurement And Construction Agreement Template for Philippines

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Key Requirements PROMPT example:

Engineering Procurement And Construction Agreement

"I need an Engineering Procurement And Construction Agreement for a 50MW solar power plant project in Mindanao, Philippines, with project completion scheduled for March 2025, including specific provisions for environmental protection and integration with the local power grid."

Document background
The Engineering Procurement And Construction Agreement is a crucial document used for large-scale construction and infrastructure projects in the Philippines where a single contractor takes full responsibility for all engineering, procurement, and construction aspects of the project. This type of agreement is particularly important in the Philippine context due to the country's growing infrastructure needs and increasing foreign investment in construction projects. The document addresses key requirements under Philippine law, including compliance with the Government Procurement Reform Act (for public projects), the National Building Code, and environmental regulations. It provides comprehensive coverage of project execution, from initial design through to commissioning, including detailed provisions for risk allocation, payment mechanisms, performance guarantees, and dispute resolution. The agreement is structured to ensure clarity of obligations while maintaining flexibility to accommodate project-specific requirements within the Philippine regulatory framework.
Suggested Sections

1. Parties: Identification of the contracting parties including the Owner/Employer and the EPC Contractor

2. Background: Context of the project and the purpose of the agreement

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Scope of Work: Comprehensive description of engineering, procurement, and construction services to be provided

5. Contract Price and Payment Terms: Details of the contract price, payment schedule, milestones, and payment procedures

6. Project Schedule: Timeline for completion of various phases, including key milestone dates and completion deadlines

7. Contractor's Obligations: Detailed responsibilities of the contractor including design, procurement, construction, testing, and commissioning

8. Owner's Obligations: Responsibilities of the owner including site access, permits, and approvals

9. Quality Assurance and Control: Standards, inspections, and quality control procedures

10. Testing and Commissioning: Requirements and procedures for testing and commissioning of the completed works

11. Warranties and Defects Liability: Warranty terms, defects notification period, and remediation procedures

12. Changes and Variations: Procedures for handling changes to scope, design, or other contract elements

13. Force Majeure: Definition and consequences of force majeure events

14. Suspension and Termination: Rights and procedures for suspension and termination of the contract

15. Liability and Indemnification: Allocation of risks and liabilities between parties

16. Insurance: Required insurance coverage and terms

17. Dispute Resolution: Procedures for resolving disputes including arbitration provisions

18. Governing Law: Specification of Philippine law as governing law and relevant jurisdictional matters

19. Miscellaneous: Standard boilerplate provisions including notices, assignments, and amendments

Optional Sections

1. Performance Security: Requirements for performance bonds or other security - include when required by project value or complexity

2. Parent Company Guarantee: Guarantees from contractor's parent company - include when contractor is a subsidiary

3. Environmental Compliance: Specific environmental obligations and compliance requirements - include for projects with significant environmental impact

4. Local Content Requirements: Requirements for local sourcing and employment - include when required by Philippine regulations or project specifications

5. Technology Transfer: Provisions for technology transfer to local entities - include in projects involving significant technological components

6. Step-In Rights: Owner's rights to step in and complete works - include for critical infrastructure projects

7. Interface Management: Management of interfaces with other contractors - include when multiple contractors are involved

8. Advance Payment: Terms for advance payment and associated security - include when advance payments are required

Suggested Schedules

1. Schedule 1 - Scope of Work: Detailed technical specifications and scope description

2. Schedule 2 - Project Schedule: Detailed project timeline with milestones and critical path

3. Schedule 3 - Price Schedule: Detailed breakdown of contract price and payment milestones

4. Schedule 4 - Site Information: Site details, conditions, and access requirements

5. Schedule 5 - Technical Specifications: Detailed technical requirements and standards

6. Schedule 6 - Forms of Certificates: Templates for various certificates including completion certificates

7. Schedule 7 - Key Personnel: List of key personnel and their roles

8. Schedule 8 - Permits and Licenses: List of required permits and responsible parties

9. Schedule 9 - Testing and Commissioning Procedures: Detailed procedures for testing and commissioning

10. Schedule 10 - Form of Performance Security: Template and requirements for performance security

11. Schedule 11 - Quality Assurance Plan: Detailed quality control and assurance procedures

12. Appendix A - Drawing List: List of all relevant drawings and specifications

13. Appendix B - Environmental Management Plan: Environmental requirements and compliance procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions













































































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Relevant Industries

Energy and Power Generation

Infrastructure Development

Industrial Manufacturing

Oil and Gas

Mining and Resources

Commercial Real Estate

Transportation

Telecommunications

Water and Wastewater Treatment

Petrochemical

Renewable Energy

Healthcare Infrastructure

Relevant Teams

Legal

Engineering

Procurement

Construction

Project Management

Commercial

Finance

Risk and Compliance

Quality Assurance

Health Safety and Environment

Operations

Technical Services

Contract Administration

Design

Environmental

Relevant Roles

Project Director

Construction Manager

Chief Engineer

Procurement Manager

Contract Manager

Legal Counsel

Risk Manager

Commercial Director

Technical Director

Quality Assurance Manager

HSE Manager

Project Controls Manager

Finance Director

Operations Director

Compliance Officer

Design Manager

Site Manager

Cost Controller

Planning Engineer

Environmental Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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