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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 Turnkey Contract for Major Projects – 2020 Revision
The ICC Model Turnkey Contract for Major Projects 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.
Are there additional related ICC publications ?
To explore some of the issues related to this model, you may enjoy the following
ICC Model Contract for the Turnkey Supply of an Industrial Plant
This ICC Model Contract is designed for the turnkey supply of an industrial plant or production line. It takes account of all of the specifics but contains enough flexibility for the parties to work out special situations for themselves.
ICC Model Contract – Consortium Agreement
The model accommodates the desire of all parties for a solid unanimous decision making process, a clear allocation of participation and provision of resources, the need for swift and effective dispute resolution, and the need for complete and informed allocation of risks.
ICC Model Contract – Joint Venture
The model allows for a solid decision-making process, a clear allocation of participation and provision of resources, the need for swift and effective dispute resolution, and the need for complete and informed allocation of risks.
ICC Model Contract Occasional Intermediary – Non-circumvention Non-disclosure (NCND)
The ICC Model Contract “Occasional Intermediary (Non-circumvention and Non-disclosure)” covers the most common varieties of international contracts to which an international intermediary is a party.
Drafting and Negotiating International Commercial Contracts – 3rd edition
With the increasing globalization of markets, more and more businesses draft cross-border contracts on a regular basis. This guide clarifies the issues surrounding international contracts and will help lawyers and business people avoid the most common pitfalls.
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