Practical Risk Management for EPC / Design-Build Projects. Walter A. Salmon
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Fédération Internationale des Ingénieurs-Conseils (FIDIC) (2017). Conditions of Contract for EPC Turnkey Projects, 2e. Fédération Internationale des Ingénieurs-Conseils/International Federation of Consulting Engineers.
6 6 Banaszak J., Palter R. and Parsons M. (March 2017). Stopping the insanity: Three ways to improve contractor-owner relationships on capital Projects. www.mckinsey.com/industries/capital-Projects-and-infrastructure/our-insights (accessed January 2018).
7 7 Banik G.C. and Hannan F. (2008). Specialty Contractors' Perspectives on Risk Importance and Allocation of Design-Build Contracts – Abstract (School of Architecture, CET and Construction Southern Polytechnic State University).
8 8 Association for Project Management. APM PRAM Guide. Association for Project Management, p. 98: ‘Risks are more likely to be acted on if responsibility is allocated to individuals’.
9 9 FIDIC – Fédération Internationale des Ingénieurs-Conseils.
10 10 Ibid.
11 11 Published by ICE Publishing (part of the Institution of Civil Engineers).
12 12 Published by the Institution of Chemical Engineers.
13 13 Such as, but by no means limited to, Hudson's Building and Engineering Contracts (by Hudson A.A. and Wallace I.N.D.) and also Construction Contracts - Law and Management (by Hughes W., Champion R. and Murdoch J.).
14 14 Billows J., Kroll K., Pikul P . et al. (August 2018). Capital Project value improvement in the 21st century: Trillions of dollars in the offing. www.mckinsey.com/industries/capital-Projects-and-infrastructure/our-insights/capital-Project-value-improvement-in-the-21st-century-trillions-of-dollars-in-the-offing (accessed 05 September 2018).
15 15 MBA Knowledge Base (5 March 2012). Build Operate Transfer (BOT) Model. www.mbaknol.com/Project-management/build-operate-transfer-bot-model (accessed 31 July 2018).
16 16 Hyari K. and Kandil A (2009). Validity of Feasibility Studies for Infrastructure Construction Projects. Jordan Journal of Civil Engineering, 3(1).
Chapter 2 Construction Project Implementation Routes
2.1 Different Approaches
I freely acknowledge that there are many different ways to approach the implementation of construction Projects that will result in getting a proposed facility constructed (successfully or otherwise). However, since the focus of this book is on EPC and Design-Build Projects, I only intend to contrast those two procurement routes with what is known as the Traditional Contracting route. Also, in order to clear up any confusion that may exist in the reader's mind about the relationship between EPC Projects and the construction procurement route known as EPCM (Engineering, Procurement and Construction Management), within Section 2.5 2.5 (EPCM Approach) I also briefly touch on that particular implementation method.
2.2 Traditional Contracting Approach
2.2.1 Design Team's Appointment and Role
Having established that a Project is feasible in all respects (see Section 1.4 – Common Elements for Construction Projects), the traditional way to implement a construction Project is for the Employer to appoint a Design Team. Usually that will be either a lead architectural entity or, if more appropriate for the type of Project involved (such as, for example, a new viaduct, a sewage treatment plant or a processing facility), an engineering design entity. The role of that Design Team would be to handle the following primary tasks.
1 Undertaking the design work for the entire facility (except, perhaps, for the final working/shop drawings that need to be prepared by specialists for bespoke manufacturing or complicated fabrication and installation work). This will generally also include taking the responsibility for supervising any separate specialist engineering work (such as that done by a geotechnical survey team and structural, mechanical and electrical engineers, etc.).
2 Advising on and preparing the specifications to determine the precise quality requirements for the finished facility.
3 Advising on the most appropriate bidding strategy for selection of the Contractor and any specialist Subcontractors.
4 Working with and monitoring the work of the team preparing the bidding documents for the various work packages, including the quantity surveying team preparing the bills of quantities (if applicable). [Note: EPC Projects will not generally have bills of quantities, due to there being no detailed design available.]
5 Organising the entire bidding process for the construction work (including the separate bid packages for any specialist Subcontractors).
6 Advising on the bids received for the construction work and specialist subcontracted work.
7 Arranging for signing of the construction contract and subcontracted work packages by the Employer.
8 Administering the entire construction process, including:supervising the construction work right through to completion of the commissioning activities and handover of the completed facility from the Contractor to the Employer;monitoring the Contractor's and Subcontractors' work quality and progress;issuing instructions in respect of any changes needed; andclosing out the construction contract and the subcontracts (including advising, in conjunction with the cost engineering team and/or quantity surveying team, on the settlement of all commercial matters and any claims with the Contractor and Subcontractors).
2.2.2 Employer's Participation
Beyond appointing the Design Team, under the Traditional Contracting approach the Employer's participation usually also encompasses the following.
1 Approving the issuance of bidding documents, in which the Employer either takes on 100% of certain risks or shares those risks with the Contractor.
2 Allocating risk sharing – an example of where the Employer would usually accept the entirety of a risk is in respect of the subsoil proving to be of poor quality, leading to higher costs for the foundations. An example of a risk typically shared would be in regard to the occurrence of exceptionally bad weather, where the Contractor would be entitled to extra time for completing the work but for which no monetary compensation would be payable to the Contractor. However, the Contractor would be relieved of the responsibility for paying Liquidated Damages for delayed completion due to this occurrence.
3 Arranging separately for certain key materials, goods and/or equipment to be supplied and/or installed by entities other than the Contractor.
4 Reviewing commercial bids received from construction companies for building what the Design