Fundamentals of EPC Contracts for Energy Projects

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Timing

This series comprises two (2) live Zoom sessions from Noon - 3 pm ET on November 4 and 12. There will be two, 10-minute breaks around 1 and 2 pm ET in each session.

Unable to make the live sessions? Recordings will be made available (automatically to those who register) within a week after the last session takes place, though continuing education credits can only be provided for attending live events.

Delivery Method / Learning Environment

This course is a Group Internet based offering (via Zoom) and combines real-time presentation, polling questions, real-world examples, Q&A and group discussion.

Series Overview

Engineering, procurement and construction contracts (EPC contracts) are utilized for the development of power and energy projects. Energy projects involve significant risks that must be allocated between project owners and contractors. Failure to adequately plan for and manage potential mishaps during energy project construction can lead to costly litigation. Counsel must understand these risks and identify essential rights and responsibilities throughout project construction to effectively avoid and manage claims from engineering, procurement, and construction (EPC) contracts.

Walk through the essentials in building an appropriate contract for each project, from understanding the different contracting models and delivery systems to incorporating performance standards, limitations of liability, available remedies, and more. Investigate the various challenges that arise in energy project construction and effective methods to avoid and mitigate claims, contract disputes, and litigation. Also discuss what to do should a dispute arise, including the key mechanisms in preparing, negotiating, and resolving claims.

All sessions take place from Noon – 3 pm ET.

Part 1: Tues, Nov. 4

Overview of EPC contracts and power and energy projects
Essential components of EPC contracts: clauses, risks, structures, pricing models, performance standards, remedies, notice, dispute procedures
Best practices for drafting EPC contract provisions most frequently at issue in claims and major disputes

Part 2: Wed, Nov. 12

Owner protection and limitations of liability in EPC contracts
Preparing and negotiating EPC contracts for power and energy projects
Avoiding and managing claims
Techniques for defending against claims and mediation and alternative dispute options
Real cases of major claims and disputes involving power and energy projects and how they were resolved

All events will be recorded and attendees will automatically receive access to the recordings (accessible for 90 days).

Draft Agenda and Learning Outcomes

Coming Soon - View a PDF of the draft agenda and learning outcomes for this course.

Who Should Attend

Public power professionals in the following areas:

In-house and general counsel
Outside counsel
Regulatory affairs specialists
Compliance officers
Senior and mid-level utility managers
Elected and appointed officials
Engineering and operations personnel
Project development and construction executives
Senior project managers
EPC contractors
Project lenders and project insurers

Course Level / Prerequisites / Advance Preparation

Basic Level: No prerequisites; no advance preparation.

Technology Requirements

Zoom Meeting Application: Attendees are required to have strong Internet access, in order to run the Zoom meeting platform.
Audio/Webcam: You will need to enable computer audio to listen and speak (alternatively a call-in number will be provided) and we recommend a webcam, so you can fully engage in the group discussions.
Additional details on the Zoom platform can be found under the “More Information” tab.

Accreditation

The following continuing education credits will be provided for this Group Internet based event, after successfully completing 90% of the two live sessions. Review the guidelines for successful completion in the “Accreditation” dropdown below.

Recommended CEUs .6/PDHs 5.5 (total for both sessions)

Continuing Legal Education (CLEs)
APPA will apply for Continuing Legal Education accreditation in the following mandatory CLE states: Alabama, Alaska*, Arkansas, California*, Colorado, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana*, Nebraska, Nevada, New Hampshire, New Jersey*, New Mexico, New York*, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

States denoted by an asterisk (*) will accept CLE credit hours for courses or activities held in and approved by other MCLE jurisdictions. APPA may not explicitly apply for CLE accreditation in these states if they have reciprocity with the state in which the meeting is being held.

The number of CLE credits varies by state and is decided by each state CLE authority. APPA will provide any necessary documentation to receive CLE credit in these states.

Instructor

Judah Lifschitz, Partner, Barclay Damon As a seasoned trial attorney, Judd has tried cases to verdict across the country in virtually every type of adjudicative forum and is an accomplished appellate advocate, having argued appeals in many federal and state appellate courts. Judd serves as co-chair of Barclay Damon's Power & Energy Construction and Construction & Surety Practice Areas. Having won one of the largest liquidated damages awards in the history of the construction industry, he has extensive experience in construction-related matters, including power and energy construction matters in which he represents clients in EPC contracts and disputes.

He represents governmental and private owners and regional, national, and international contractors, construction managers, subcontractors, design professionals, sureties, and insurance companies in disputes, trials, ADR proceedings, and negotiations. Representing clients in complex commercial litigation, Judd has a wealth of experience in every aspect of trial practice, including shareholder and partnership disputes, real estate matters, contract disputes, civil RICO, and general commercial disputes. Additionally, he has represented clients in civil fraud investigations and brings extensive experience to his clients in government procurement issues. Judd’s clients represent a variety of industries, including construction, power and energy, aerospace, electronics, manufacturing, shipbuilding, and technology.

Questions?

Registration/Billing: Registration@PublicPower.org
Schedule/Content/Accreditation: Academy@PublicPower.org

Registration

Registration Fees

Registration is for individual access. If you have multiple people interested in attending, group discounts are available.

Registration Fee (four-part series)
Members	$595
Nonmember	$1,190

Group Discounts

Save money when your organization registers five or more people for the webinar series. The larger your group, the more you save!

Registrations must be submitted on the same order (at the same time) to qualify for the group discount; discounts cannot be retroactively applied to previous orders.

If you need assistance, contact Registration@PublicPower.org.

Number of registrants	Discount (per person)
1-4	n/a
5-9	$50
10-14	$100
15-24	$150
25+	$200

Registration Help

Check out our Registration FAQs for answers to the most common questions and help with all your registration-related issues.

Cancellations /No-Show/ Refunds/ Substitutions

All webinars will be recorded and attendees will automatically receive a copy of the recordings, in case you can’t attend live.

Registrants who cancel in writing at least 7 days in advance of the first webinar in the series are entitled to a refund of their registration fee, minus a $100 cancellation fee. Registrants who cancel after that will not receive a refund, but attendee substitutions will be allowed for this event only. Registrants and no-shows who do not cancel at least 7 days before the course start date are responsible for the full registration fee and are not entitled to a refund.

Cancellations must be received on/before October 28.

Cancellation requests should be made through your My.PublicPower portal, or addressed to: Registration@PublicPower.org.

Questions?

Registration/Billing: Registration@PublicPower.org
Schedule/Content/Accreditation: Academy@PublicPower.org

Accreditation

Earn While You Learn!

Participate in virtual programs to earn Continuing Education Units (CEUs), Professional Development Hours (PDHs) and Continuing Legal Education (CLEs).

Accreditation

Recommended CEUs .6/PDHs 5.5 (total for both sessions)

Continuing Legal Education (CLEs)

APPA will apply for Continuing Legal Education accreditation in the following mandatory CLE states: Alabama, Alaska*, Arkansas, California*, Colorado, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana*, Nebraska, Nevada, New Hampshire, New Jersey*, New Mexico, New York*, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

The number of CLE credits varies by state and is decided by each state CLE authority. APPA will provide any necessary documentation to receive CLE credit in these states.

What educational credits are available?

You can earn Continuing Education Units (CEUs), Professional Development Hours (PDHs) and Continuing Legal Education (CLEs), provided the following requirements are met:

Requirements for Successful Completion

Registration is for individual access, so each person participating must register. If you have multiple people interested in attending, group discounts are available.
Individuals are required to attend and actively participate in 90% of each live session and complete an online evaluation after the last session in a course.
- Attendance: Individuals must attend at least 90% of each live session (based on electronic timestamps in Zoom).
- Participation: Active participation in class will include engagement activities such as: polling/check-in questions, and Kahoot quizzes (tracked electronically). There will also be small group breakout sessions, in-class exercises, and Q&A sessions.
- Online evaluation: Each person must complete an online evaluation after the course concludes
Partial credit cannot be given for partial attendance.
Attendance is monitored by an APPA staff member during the event, through an online report log, and upon review of the post-event evaluation data.
Completion certificates will be available within two weeks of the last session in a live event (for those who meet the requirements) through your APPA member portal (access instructions will be provided).
Virtual sessions are recorded (attendees automatically receive access to recordings within a week of the last session), though continuing education credits can only be given for attending live events. Recordings will be accessible for 90 days after the last session.

Guidelines for Group Participation in Virtual Events

If a group is participating in a conference room together, we recommend each person still logs in individually from a laptop to ensure attendance and participation requirements are met (as noted above).
If individual log in is not possible, the organization must designate one person as the main point of contact. Email Academy@PublicPower.org in advance of the virtual event noting this information
- This person will record attendance in the room in the room (we can provide a sample attendance tracker) and ensure attendance and participation from the group throughout.
- Submit the attendance record to APPA within 2 business days of the conclusion of a virtual event.
- Ensure each person fills out the required online evaluation.

Accreditation Organizations

Continuing Education Units (CEUs): The American Public Power Association is accredited by the International Association for Continuing Education and Training (IACET) and is authorized to issue the IACET CEU. For information regarding certification status, attendance requirements, and obtaining attendee transcripts, contact Academy@PublicPower.org. Verify our IACET Accreditation.

Professional Development Hours (PDHs): The American Public Power Association’s educational practices are consistent with the criteria for awarding Professional Development Hours (PDHs) as established by the National Council of Examiners for Engineering and Surveying (NCEES). Course eligibility and number of PDHs may vary by state.

Questions?

Registration/Billing: Registration@PublicPower.org
Schedule/Content/Accreditation: Academy@PublicPower.org

Additional Information

Format and Log-In Information

These webinars will be offered on the Zoom meeting platform.

Communication

24 hours after registering: You’ll receive a confirmation email within 24 hours of registering, which contains some preliminary information.
24 hours before: You’ll receive your Zoom log in link the day before the first session in a course (sent from the APPA Academy’s Zoom account <no-reply@zoom.us>)
- You’ll also receive a final logistics email 24 hours in advance of the first class.
If you don’t receive this correspondence, email Academy@PublicPower.org

Course Materials and Recordings

Zoom Links: Zoom log in credentials will be sent out 24 hours before the start of the first session.
Course Materials: Attendees will receive access to course materials the day before each session through the "Documents" section of their My.PublicPower.org user portal.
Recordings: All sessions will be recorded and can be accessed through your user portal as well (within a week of the last class in the program), in case you can’t attend the live versions. Recordings will be accessible for 90 days after the last session. Note: Continuing education credits can only be issued for attending live sessions.

Technology Requirements

Zoom Meeting Application: Attendees are required to have strong Internet access, in order to run the Zoom meeting platform. Please see below for more information on downloading the Zoom Web Client.
Audio/Webcam: You will need to enable computer audio to listen and speak (alternatively a call-in number will be provided) and you will also need a webcam, so you can fully engage in the small group breakout sessions and group discussions.

New to Zoom?

If you haven't participated in a Zoom meeting before, please download the Zoom web client from the Zoom Download Center. This will enable you to access all of the Zoom tools and functionality vs. using the web version. Then, visit Zoom.us/test to ensure you are able to join a meeting.

If you are not able to download the Zoom web client, you can still participate via your Internet browser. We recommend using Chrome for the best results.

Privacy and Security

The American Public Power Association takes your privacy and security very seriously. For this reason, we have put the following security measures in place for this course: