Project Delivery Models
In complex infrastructure projects, the choice of the delivery models and contracting structures often involves the balancing of various commercial and legal factors among others, the degree of complexity of the project engineering and how much control the owner wants to retain, time constraint on project delivery, whether it should be executed over a normal, sequential schedule or a fast track schedule, the owner’s experience and the culpability of knowledge design, the experience and capability of designers and construction contractors engaged for the project, the size (monetary value and complexity) and requirements of equity and debt financers. The talk will focus on various delivery models and contracting structures for among others: (i) EPC Contracts (including Split EPC Contract), (ii) Work Packages Structure, (iii) Project Management Structure and (iv) Novated tructure that may be adopted in complex infrastructure projects and consider their respective advantages and disadvantages, as well as the commerciality affecting the choice of project delivery models.
Project Financing and Bankability
The most common form of financing infrastructure projects is project financing. The bankability issue will be dealt with vis-à-vis project financing. A bankable contract is a contract with a risk allocation between the contractor and the project company that satisfies the lenders. Lenders focus on the ability (or more particularly the lack thereof) of the contractor to claim additional costs and/or extensions of time and securities provided by the ontractor for its performance. The less comfortable the lenders are with these provisions the greater the amount of equity support the sponsors will have to provide. The talk will examine how lenders assess bankability using EPC Contract for a power plant as a backdrop.
Sponsors or Project Company Checklist
The talk will provide a general checklist of issues to be considered by project sponsors during the development in order to protect its position which include contract administration procedures, communication process and claim/event documentation system.
Kamilah Kasim practises as a dispute resolution lawyer and has been involved in various dispute cases with a focus on large complex engineering and energy projects. Kamilah’s area of practice includes contentious and non-contentious matters relating to infrastructure projects in Asia. Kamilah has considerable experience providing advice on privatisation of public sector businesses as well as on infrastructure development by the private sector in partnership with the public sector or otherwise. . Kamilah is ranked as a Leading Lawyer in IFLR1000 Financial and Corporate (2018). In Chambers Asia-Pacific she is lauded as “brilliant” and “formidable” by numerous market commentators for her extensive experience in energy and infrastructure sectors. Clients appreciate that she “has business point of view” reporting that she is “really experienced in the energy industry”.
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