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ENGINEERING, PROCUREMENT, & CONSTRUCTION

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We have a very high degree of familiarity with all major international and South African model contract forms:

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FIDIC

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NEC

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ENAA

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JBCC

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SAICE

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We have represented Employers, Contractors, and Lenders, and accordingly have a detailed knowledge and appreciation of respective concerns and drivers across these model forms of agreement.

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Our contract formulation is based on previously-banked templates, to ensure efficiency and cost-effectiveness.

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First having thoroughly understood the technical solution and requirements, and the client's preferred form of contract, we assist in the formulation, negotiation, and conclusion of tailor-made construction contract solutions across a wide range of sectors and technologies, including:

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Onshore Wind

Solar PV (utility scale & commercial rooftop)

Biomass-to-Energy

Biofuel

Waste-to-Energy

Gas-to-Power

Thermal Coal

Vessel and Offshore Rig Construction & Modification

Subsea Mining (Offshore Oil & Gas; Diamonds)

Fuel & Commodities Storage & Reticulation

Electrical Connection Works

Civils Works

Other Balance of Plant Requirements

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Alongside the relevant EPC contract, we attend further to the requisite ancillary agreements and securities:

 

Subcontractor Side Agreements

 

Collateral Warranties

 

Health & Safety Delegation Agreements

 

Interface/Co-Operation Agreements

 

Performance Bonds, Advance Payment Guarantees, and Retention Bonds

 

Parent Company Guarantees

 

Lender Direct Agreements

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Typically, we combine the EPC contract, these ancillary agreements and securities, and related contracts - operations, maintenance, offtake, services & supply - into our unique 'Project Box'

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Our specific past experience includes:

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- Formulating, negotiating, and concluding the full EPC contract, and ancillary agreements and securities, for a 25MW biomass-to-energy facility being developed under the 4th round of the South African IPP Renewable Energy Procurement Programme (facility presently under construction).

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- Formulating, negotiating, and concluding the full EPC contract, and ancillary agreements and securities, for 3 single-axis tracker solar PV facilities, in aggregate of 250MWp installed capacity, being developed under the 4th round of the South African IPP Renewable Energy Procurement Programme (construction commencing).

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- Formulating, negotiating, and concluding the bespoke EPC contract for the construction of an embedded biowaste-to-energy facility using pyrolysis technology generating heat, syngas, and electrical energy for offtake by the host industrial plant (contract finalized, implementation awaited).

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- Formulating the template EPC contract for the construction of several small hydropower facilities along the Orange-Fish-Sundays River Water Schemes.

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- Formulating the template EPC contract for the construction of commercial rooftop solar PV facilities in respect of a pipeline of 1500MW of anticipated installed capacity.

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- Advising an Employer on the EPC heads of terms in respect of a coal handling facility, as part of a broader thermal coal project.

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- Advising an international gas trader regarding the construction contract in respect of its new-build LPG discharge- and storage facilities constructed in Port Louis, Mauritius (facility in operation).

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- Formulating, negotiating, and concluding the full EPC contract, and ancillary agreements and securities, for a 75MW solar PV facility developed under the 3rd round of the South African IPP Renewable Energy Procurement Programme (facility in operation).

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- Formulating the full EPC contract, and ancillary agreements and securities, for a 140MW onshore wind facility developed under the 3rd round of the South African IPP Renewable Energy Procurement Programme (facility in operation).

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- Formulating, negotiating, and concluding the template wind turbine- and PV module supply heads of terms for a utility-scale client bidding 8 onshore wind and solar PV facilities in the 3rd round of the South African IPP Renewable Energy (awarded projects in operation).

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- Representing and advising the South African national oil company in connection with the original modification and subsequent refit and refurbishment of the MODU "ORCA" deployed for production in Block 9 offshore the South African south-east coast.

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- Representing the Contractor in connection with the refit and refurbishment of 3 tugs operating at a major South African port.

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© 2019 by AsH3Konzult.

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