The Engineering Procurement And Construction Agreement is a sophisticated contractual instrument used for complex construction and infrastructure projects in Malta. It is particularly suitable for large-scale developments where the project owner seeks to transfer most of the design, procurement, and construction risks to a single contractor. The agreement, governed by Maltese law, encompasses detailed provisions for project execution, quality standards, testing requirements, and completion criteria. It includes comprehensive schedules covering technical specifications, pricing, and project timelines, while incorporating local regulatory requirements and industry standards. This contract type is commonly used in sectors such as energy, infrastructure, and industrial development, where single-point responsibility and turnkey delivery are essential.
Engineering Procurement And Construction Agreement for Malta
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Engineering Procurement And Construction Agreement
"I need an Engineering Procurement and Construction Agreement for a solar power plant project in Malta, with completion scheduled for June 2025, that includes specific provisions for renewable energy regulations and grid connection requirements."
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1. Parties: Identifies the contracting parties - typically the employer/owner and the EPC contractor
2. Background: Sets out the context of the agreement and high-level project overview
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. Contractor's Scope of Work: Detailed description of engineering, procurement and construction obligations
5. Contract Price and Payment: Specifies price, payment terms, milestones, and invoicing procedures
6. Project Schedule: Timeframes, key milestones, and completion dates
7. Contractor's Obligations: General obligations including permits, compliance, and workmanship
8. Employer's Obligations: Site access, permits, approvals and other owner responsibilities
9. Quality Assurance: Quality standards, testing, and inspection requirements
10. Changes and Variations: Procedures for handling changes to scope, price or schedule
11. Testing and Commissioning: Requirements for testing, commissioning and performance tests
12. Completion and Handover: Completion requirements, certificates, and handover procedures
13. Defects Liability: Warranty period, remedial works, and defect correction
14. Insurance and Liability: Required insurance coverage and liability allocation
15. Force Majeure: Definition and consequences of force majeure events
16. Suspension and Termination: Rights and procedures for suspension and termination
17. Dispute Resolution: Procedures for resolving disputes including arbitration
18. Governing Law and Jurisdiction: Applicable law and jurisdiction for disputes
19. General Provisions: Standard boilerplate clauses including notices and assignments
1. Interface Management: Required when multiple contractors are involved, defining interface responsibilities
2. Environmental Requirements: Detailed environmental obligations for environmentally sensitive projects
3. Local Content Requirements: Include when there are specific local content or employment requirements
4. Technology License: Required when proprietary technology is being licensed as part of the project
5. Export Control: Include for international projects with export control implications
6. Site Security: Detailed security requirements for high-security facilities
7. Parent Company Guarantee: Include when contractor's parent company guarantee is required
8. Step-In Rights: Include for critical infrastructure projects requiring step-in rights
1. Schedule 1 - Scope of Work: Detailed technical specifications and scope description
2. Schedule 2 - Site Information: Site details, conditions, and access requirements
3. Schedule 3 - Project Schedule: Detailed project timeline and milestone dates
4. Schedule 4 - Price Schedule: Detailed breakdown of contract price and payment milestones
5. Schedule 5 - Key Personnel: List of key personnel and their roles
6. Schedule 6 - Forms of Certificates: Templates for various certificates (completion, acceptance etc.)
7. Schedule 7 - Forms of Bonds and Guarantees: Templates for performance bond, advance payment guarantee etc.
8. Schedule 8 - Insurance Requirements: Detailed insurance requirements and coverage limits
9. Schedule 9 - Test Requirements: Testing and commissioning procedures and acceptance criteria
10. Schedule 10 - Permits and Licenses: List of required permits and responsible parties
11. Schedule 11 - Quality Requirements: Quality standards, procedures and documentation requirements
12. Schedule 12 - HSE Requirements: Health, safety and environmental requirements
13. Appendix A - Technical Specifications: Detailed technical specifications and standards
14. Appendix B - Drawings: Project drawings and technical diagrams
15. Appendix C - Subcontractors: List of approved subcontractors and their scopes
Authors
Relevant legal definitions
Acceptance Certificate
Acceptance Tests
Affiliate
Applicable Laws
Applicable Permits
As-Built Documents
Background IP
Base Date
Best Industry Practice
Change
Change in Law
Change Order
Commissioning
Completion
Completion Date
Confidential Information
Construction Documents
Construction Equipment
Contract Price
Contractor's Documents
Contractor's Equipment
Contractor's Personnel
Contractor's Representative
Day
Defects
Defects Liability Period
Delay Damages
Deliverables
Design Documents
Effective Date
Employer's Equipment
Employer's Representative
Engineering Standards
Extension of Time
Final Acceptance
Final Completion Certificate
Force Majeure
Good Engineering Practice
Guaranteed Performance Levels
HSE Requirements
Independent Engineer
Intellectual Property Rights
Interface Points
Key Personnel
Liquidated Damages
Mechanical Completion
Milestone
Notice
Notice to Proceed
Performance Bond
Performance Guarantees
Performance Tests
Permit
Project
Project Schedule
Provisional Acceptance
Punch List
Quality Assurance Plan
Ready for Commissioning
Reasonable and Prudent Operator
Site
Scope of Work
Specification
Subcontractor
Substantial Completion
Take-Over
Technical Documents
Temporary Works
Tests on Completion
Time for Completion
Variation
Warranty Period
Work
Works
Acceptance Tests
Affiliate
Applicable Laws
Applicable Permits
As-Built Documents
Background IP
Base Date
Best Industry Practice
Change
Change in Law
Change Order
Commissioning
Completion
Completion Date
Confidential Information
Construction Documents
Construction Equipment
Contract Price
Contractor's Documents
Contractor's Equipment
Contractor's Personnel
Contractor's Representative
Day
Defects
Defects Liability Period
Delay Damages
Deliverables
Design Documents
Effective Date
Employer's Equipment
Employer's Representative
Engineering Standards
Extension of Time
Final Acceptance
Final Completion Certificate
Force Majeure
Good Engineering Practice
Guaranteed Performance Levels
HSE Requirements
Independent Engineer
Intellectual Property Rights
Interface Points
Key Personnel
Liquidated Damages
Mechanical Completion
Milestone
Notice
Notice to Proceed
Performance Bond
Performance Guarantees
Performance Tests
Permit
Project
Project Schedule
Provisional Acceptance
Punch List
Quality Assurance Plan
Ready for Commissioning
Reasonable and Prudent Operator
Site
Scope of Work
Specification
Subcontractor
Substantial Completion
Take-Over
Technical Documents
Temporary Works
Tests on Completion
Time for Completion
Variation
Warranty Period
Work
Works
Clauses
Contract Formation
Interpretation
Scope of Work
Technical Standards
Project Execution
Engineering Obligations
Procurement Obligations
Construction Obligations
Contract Price
Payment Terms
Schedule Requirements
Time for Completion
Extensions of Time
Quality Assurance
Performance Guarantees
Testing and Inspection
Completion and Acceptance
Defects Liability
Warranties
Variations
Change Management
Force Majeure
Suspension Rights
Termination Rights
Liability and Indemnification
Insurance Requirements
Performance Security
Intellectual Property
Confidentiality
Health and Safety
Environmental Protection
Site Conditions
Site Access
Materials and Equipment
Subcontracting
Documentation Requirements
Progress Reporting
Interface Management
Risk Allocation
Dispute Resolution
Governing Law
Assignment and Novation
Notices
Records and Audit
Compliance with Laws
Anti-Corruption
Language Requirements
Currency and Taxes
Local Content
Export Controls
Boilerplate Provisions
Interpretation
Scope of Work
Technical Standards
Project Execution
Engineering Obligations
Procurement Obligations
Construction Obligations
Contract Price
Payment Terms
Schedule Requirements
Time for Completion
Extensions of Time
Quality Assurance
Performance Guarantees
Testing and Inspection
Completion and Acceptance
Defects Liability
Warranties
Variations
Change Management
Force Majeure
Suspension Rights
Termination Rights
Liability and Indemnification
Insurance Requirements
Performance Security
Intellectual Property
Confidentiality
Health and Safety
Environmental Protection
Site Conditions
Site Access
Materials and Equipment
Subcontracting
Documentation Requirements
Progress Reporting
Interface Management
Risk Allocation
Dispute Resolution
Governing Law
Assignment and Novation
Notices
Records and Audit
Compliance with Laws
Anti-Corruption
Language Requirements
Currency and Taxes
Local Content
Export Controls
Boilerplate Provisions
Relevant Industries
Energy and Utilities
Infrastructure
Oil and Gas
Renewable Energy
Industrial Manufacturing
Maritime and Ports
Healthcare
Commercial Real Estate
Telecommunications
Water Treatment
Waste Management
Transportation
Data Centers
Pharmaceutical Manufacturing
Tourism and Hospitality
Relevant Teams
Legal
Commercial
Procurement
Engineering
Construction
Project Management
Risk Management
Finance
Operations
Compliance
Quality Assurance
Health Safety and Environment
Technical Services
Document Control
Contract Administration
Relevant Roles
Project Director
Contract Manager
Legal Counsel
Project Manager
Construction Manager
Procurement Manager
Engineering Manager
Commercial Director
Risk Manager
Technical Director
Finance Director
Operations Director
Compliance Officer
Quality Assurance Manager
HSE Manager
Cost Controller
Document Controller
Site Manager
Claims Manager
Business Development Manager
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