Construction & Engineering

We are advising clients in the engineering and fabrication fields in respect of EPIC and turn-key contracts for complex structures, process equipment and machines. The life of any contract begins at conception. The negotiating stage is not void of future legal implications. Parties will normally exchange a number of preparatory documents, such as Letters of Intent, Requests for Quotation, Offers etc. Issues that we may be able to assist you with include:

• identifying the scope and detail of your contractual commitments (do you have to exert your best efforts, act with diligence, or take reasonable care);
• contractual risk allocation (excluding and extending liability and warranties);
• documenting work in progress (proper record keeping) and documenting agreements deviating from the historical contract terms;
• avoiding pitfalls: disputes can arise over a difference in interpretation of contractual terms, or they can be connected with the identity of the counter party (government counter parties and sovereign immunity);
• a choice of the substantive law of the contract and the choice for a dispute resolution meganism: litigation through state courts, arbitration or mediation;
• drafting appropriate price review clauses if the commercial balance struck at the time of signing the contract has to be re-visited during the life of the contract.
• termination clauses (unilateral and bilateral);
• clauses granting the right to assign to a third party.