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EPC/EPCM, O&M and FIDIC contracts

Introduction

Drafting and negotiating the contracts behind infrastructure, energy and giga projects, from design and construction through years of operation and maintenance.

Major projects run on a small number of contract models. Under an EPC contract one contractor takes the design, procurement and construction risk; under EPCM a manager coordinates several contractors for the owner; O&M contracts govern the years of operation that follow. FIDIC forms are widely used as the starting point, but the real risk lies in the particular conditions.

Saudi law shapes how these contracts work. The Civil Transactions Law sets rules on contracting work, including the joint liability of the contractor and the engineer for the collapse of buildings and fixed structures for ten years, and rules on compensation and exceptional circumstances. We draft particular conditions that work with Saudi law rather than against it.

We act for owners, developers, contractors and operators on payment and security, time and delay, variations, performance guarantees, local content, termination and dispute resolution, and we stay involved while the contract is performed.

How we help

What the work covers

  1. Contract model

    Choosing between EPC, EPCM, design and build and other delivery models.

  2. Risk allocation

    Particular conditions on time, cost, design responsibility and caps on liability.

  3. Security

    Advance payment and performance guarantees, retention and parent company guarantees.

  4. Operation

    O&M contracts with performance standards, availability terms and handback.

Key contacts

Partners and professionals

  • Managing Partner

    Amro Abdulhadi Alzahrani

    General Counsel & Strategic Business Advisor

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  • Business Partner

    Dr. Walaa Ahmed Ghulman

    Management & Business

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  • Licensed Attorney

    Ghaidaa Al-Turki

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  • Trainee Attorney

    Ghala Al-Nahari

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Contact

Speak to AZ&P about the decisions that shape ownership, growth and risk.