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ICC Model Turnkey Contract for Major Projects
One of the suite of ICC model construction contracts, this covers for major complex construction projects in the manner of an EPC contract.
What are the main features of this model?
An international business transaction requires a precise and detailed underlying contract. However, it can be expensive and time-consuming to draft such a contract oneself. The ICC Model Turnkey Contract for Major Projects responds to the market’s need for a reliable and equitable template, providing a set of clear and concise standard provisions regarding provision of a turnkey project that will save parties time and money in the negotiation process.
International turnkey construction projects are often complex transactions, requiring correspondingly complex legal documentation. Moreover, many such major construction projects are an important element in international development, and it is vital that the arrangements put in place be durable, clear and equitable.
The ICC model provides contractors and employers with a unique, balanced platform that is fair to all parties. At the same time, the model accommodates the desire of all parties for price and scope certainty, the need for swift and effective dispute resolution, and the need for complete and informed allocation of risks.
In this regard, it treats tradition ‘turnkey’ issues such as the contractor’s obligation to design, procure, supply, install, execute, commission, test and hand over works as defined by the employer, including the remedying of potential defects, on time and within the agreed contract price.
However, in contrast to more traditional models of turnkey contracting, the model’s concept of “Assumptions” calls upon the employer to increase its efforts and transparency in order to better foresee the final contract price, in turn allowing the contractor to provide a more competitive offer (since the need for a risk premium for uncertain events is reduced).
Overall, the model responds to changes in the culture of the international construction industry towards a more collaborative relationship between contractor and Employer in terms of rights and obligations. Focus on successful delivery of the project through a more collaborative relationship centered on successful delivery of major projects is increasingly recognized as more productive in profit and loss terms for both parties.
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ICC Model Contract Turnkey for Major Projects
With the ICC Model Turnkey Contract for Major Projects, the International Chamber of Commerce (ICC) provides a uniquely balanced model that is fair to both contractors and employers. It accommodates the desire of all parties for price and scope certainty and the need for swift and effective dispute resolution and complete and informed allocation of risks.
Are there additional related ICC publications ?
To explore some of the issues related to this model, you may enjoy the following
ICC Model Contract Turnkey Supply of an Industrial Plant
Turnkey contracts take a range of forms and at present no single model contract covers them all. As part of the suite of model construction contracts, the International Chamber of Commerce (ICC) developed the ICC Model Contract Turnkey Supply of an Industrial Plant. The model contract was designed specifically for turnkey contracts involving the supply of industrial plants or production lines to be erected within facilities which already exist or which are constructed by the purchaser.
ICC Model Contract: Joint Venture (Construction/Infrastructure)
In complex transactions, international as well as national cooperation between companies requires solid and balanced terms and conditions. The International Chamber of Commerce (ICC) provides small-, medium-sized and large companies with the ICC Model Contract Joint Venture, a unique, balanced framework that ensures fairness for all involved parties.
ICC Model Contract Occasional Intermediary (Non-Circumvention and Non-Disclosure) NCND
The ICC model provides a unique and balanced legal platform that takes into account the interest of all parties involved in non-circumvention and nondisclosure agreement and minimises the risks of fraud and misunderstanding.
ICC Model Contract Consortium Agreement (Construction/Infrastructure)
Companies of all sizes wanting to cooperate on major construction projects, whether international or domestic, require solid and balanced terms and conditions for such cooperation. It is vital that the arrangements put in place be durable, clear and equitable thereby enhancing business in general.
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