MANDATE III
EPC Contract Governance
Legal-technical risk alignment for Owners, Funds, and Lenders structuring FIDIC Silver and Yellow Book contracts. We draft enforceable Employer's Requirements (ERs), structure strict Delay & Performance LDs, mandate data transparency, and execute DFI traceability audits.
Contractual Risk Diagnosis
Execution Friction & Scope Ambiguity
-
ER Scope Ambiguity: Under-specified Employer's Requirements (ERs) create dangerous gaps between the investor's performance expectations and the contractor's legal delivery obligations, enabling unchecked variation orders and margin erosion.
-
Misaligned Liquidated Damages (LDs): Sub-commercial delay and performance penalty frameworks routinely fail to cover the actual financial losses incurred by yield shortfalls or delayed commercial operation.
-
Data Transparency Failures: Standard contractual structures often fail to mandate the handover of native simulation files, SCADA logs, and ESG traceability reporting, severely limiting owner visibility and control.
GOVERNANCE OBJECTIVE
FIDIC RISK ALIGNMENT
FIDIC Contract Engineering | Penalty Matrix Structuring | Traceability Audits
Technical Execution Methodology
-
Employer’s Requirements (ERs): We draft uncompromising, highly granular technical schedules tailored specifically to enforce performance under FIDIC Silver and Yellow Book contracts.
-
Penalty & LD Architecture: We translate engineering logic into binding contractual rigidity, structuring mathematically sound Delay & Performance Liquidated Damages (LDs) directly into the legal schedules.
-
Traceability & Data Mandates: We execute rigorous DFI traceability audits and engineer binding contractual language that guarantees absolute native file and operational data transparency.