1. Addressing Risk for the Various Project Delivery Methods
   
   
1. Design-Build
2. Turnkey
3. Engineer-Procure-Construct
4. Build/Own/Operate
5. Build/Operate/Transfer
   
   
2. Factors Affecting Choice of Project Delivery Methods
   
   
1. What is a Successful project? An Owner's Perspective
2. Technical
1. Schedule
2. Cost
3. Knowledge of scope
4. Public vs. private sector
5. Knowledge of marketplace
3. Contractual
4. Legal
5. Owner's Capability, Experience and Staffing
   
   
3. Unique Risk in Lump Sum, Turnkey, EPC and Design-Build Work
   
   
1. Use of EPC Contracts on Large Domestic and International Infrastructure and Industrial Projects
2. High Risk International Projects (Regional Political, Economic and Labor Instability, and Other Force Majeure Considerations)
3. What does Turnkey Really Mean?
4. Payment and Performance Assurances
5. Using Letters of Credit and Guarantees
   
   
4. Procurement Methods
   
   
1. Conceptual Design by Owner (ITB's)
2. Performance Specifications by Owner
3. Team Competition
4. End Product Specification
   
   
5. The EPC/Design-Build Contract
   
   
1. Recommended Terms and Conditions
2. Identification of Risks Unique to the Project
3. Negotiation Appropriate Risk Allocation
4. Dealing with Subcontractors, Suppliers, Third Parties and Governmental Authorities

PERFORMANCE ON AN EPC/DESIGN-BUILD PROJECT

1. Controls for EPC and Design-Build Contracts
   
   
1. Cost Control Mechanisms (Addressing Cost Overruns Early and Often)
2. Schedule Controls (Realistic Baseline Schedules and Updating the Schedule)
3. Timing of Key Decisions (Who Has the Authority to Make Decisions and When are They Made?)
4. Division of Responsibilities (Including Owner Responsibilities for Certain Activities)
5. Problems in the Design Development Process (Including Changes Made After Basic Design)
6. Special Considerations for Commissioning and Start-up of Process and Power Facilities
   
   
2. Monitoring and Managing Claims
   
   
1. Contractual Safeguards
2. Submission and Evaluation of Claims
3. Early Negotiation of Claims and Conciliation
4. Domestic and International Arbitration

SPECIAL ISSUES

• The Validity of EPC/Design-Build Contracts

1. Federal Law
2. State/Local Law
3. Professional Registration and Licensing Issues

• Special Focus on Risks/Rewards for All Players
• Frequently Encountered Legal Issues

1. Ineffective Risk Allocation Clauses
2. Liability for Late Completion
3. Performance Shortfalls
4. Warranty Claims
5. Indemnification
   
   
1. Between owner and design-build team
2. Within design-build team
   
   
6. Bonds, Liens and Insurance
7. Standard of Care
8. Enforcement of Dispute Resolution Requirements
9. Common Law versus Civil Law on International Projects

• Case Studies
  
  Practical lessons learned from actual case situations will be discussed to illustrate and explain project issues throughout the course.
  
  
• Problem Sessions
  
  The seminar features an interactive problem-solving exercise where teams of participants will analyze real-world problems and recommend solutions.