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The third edition of the ENAA Model Form-International Contract for Process Plant Construction (Turnkey Lump-sum Basis) was just published in March, 2010, revising the 1992 edition by ENAA's Special Committee on Contract and Legal Issues. Both 1986 edition, which is the very first edition and 1992 edition, have been well received by both the Owner and the Contractor in the engineering and construction fields, and widely used in many plant projects throughout the world.
ENAA Model Form-International Contract for Power Plant Construction (Turnkey Lump-sum Basis) was also published in 1996 to meet the growing needs for an international contract model form for construction of power plants.
In preparing the Model Form, the Committee extensively referred to, and took into
consideration, the comments, recommendations, advice and suggestions of various
sources such as the World Bank, and other major financing institutions, potential
customers and contractors, other relevant organizations in the US and Europe.
The Model Form also received a thorough check by UK law firms and a certified
quantity surveyor.
This 2010 edition does not include any "Appendix" or "Work Procedures" such as were provided in the 1992 edition. Only Appendix 8 "Form of Bonds" has been revised this time and contained in this edition. All other Appendices and Work Procedures of the 1992 edition are intended to remain in use with this edition unchanged.
Compiled with flexibility and fair and reasonable balance between the Owner and
the Contractor on the various risks involved in international projects, ENAA Model
Form is intended for a wide range of users, including in-house legal and sales
personnel and those who are involved in the various phases of actual project implementation.
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Process Plant Model Form
The Model Form for Process Plant Construction is the core of ENAA's series of model forms and since its first edition, it has been highly acclaimed by the industry and used extensively for international projects related to construction of process plants. With some modifications, it has also been used as the General Conditions of Contract for the World Bank's Standard Bidding Documents "Supply and Installation of Plant and Equipment".
The revisions to the 1992 Form adopted in this edition are made in the light of many invaluable comments from a large audience. More than ten years have passed since we brought out the 1992 Form. During that period, the scale of projects has grown in size and the financing schemes for such large projects have become extremely complex, thereby increasing the number of stake-holders who seek more clarity in the allocation of risks and responsibilities. We felt it was our duty to respond to such needs of the industry and to produce a revised version to fulfill such needs.
ENAA considered many factors in preparing this edition but tried to maintain the risk allocation originally envisaged in the first edition thus limiting the possibility of any confusion among the users accustomed to using the previous editions.
Contents - Process Model Form - 2010 Edition:
| Form of Agreement and General Conditions |
| Form of Agreement |
| General Conditions |
| Part I |
Contract and Interpretation |
| Part II |
Subject Matter of Contract |
| Part III |
Payment |
| Part IV |
Intellectual Property |
| Part V |
Work Execution |
| Part VI |
Guarantees and Liabilities |
| Part VII |
Risk Distribution |
| Part VIII |
Change in Contract Elements |
| Guide Notes
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| Chapter I. |
The General Concept of the ENAA Model Form |
| Chapter II. |
Guide Notes for Agreement |
| Chapter III. |
Guide Notes for General Conditions |
| Chapter IV. |
Application to the case where No Process License is required from Contractor |
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For reference (Vol.2, Vol.4 and Vol.5, 1992 Edition):
| Vol.2 |
| Sample of Appendices
to the Agreement |
| Appendix 1 |
Breakdown of the Contract Price |
| Appendix 2 |
Escalation Clause |
| Appendix 3 |
Unit Rates for Changes |
| Appendix 4 |
Payment Terms |
| Appendix 5 |
Form of Letter of Credit/Guarantee |
| Appendix 6 |
Insurance Requirements |
| Appendix 7 |
Performance Guarantees |
| Appendix 8 |
Form of Bonds |
| Appendix 9 |
Project Specifications |
| Vol.4 |
| Work
Procedures |
| WP 1 |
Correspondence Procedure |
| WP 2 |
Payment Application Procedure |
| WP 3 |
Approval and Review Procedure |
| WP 4 |
Work Change Procedure |
| WP 5 |
Procurement Procedure |
| WP 6 |
Expediting Procedure |
| WP 7 |
Shop Inspection Procedure |
| WP 8 |
Field Inspection Procedure |
| WP 9 |
Progress Report Procedure |
| WP 10 |
Commissioning and Performance Test Procedure |
| Vol.5 |
| Form of Agreement
and General Conditions (Alternative Form for Industrial Plant – Without
Process License) |
| Form of Agreement |
| General Conditions |
| Part I |
Contract and Interpretation |
| Part II |
Subject Matters of Contract |
| Part III |
Payment |
| Part IV |
Intellectual Property |
| Part V |
Work Execution |
| Part VI |
Guarantees and Liabilities |
| Part VII |
Risk Distribution |
| Part VIII |
Changes in Contract Elements |
| Schedule 1 |
Form of Mechanical Completion Certificate |
| Schedule 2 |
Form of Acceptance Certificate |
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Power Plant Model Form In the course of preparation of the ENAA
Process Form, it was recognized that there was a growing need for a model form
of an international contract for power plant construction. It was also recognized
that power plants are a fundamental part of the infrastructure of industrial society
and also play a major role in the development of society in general, and of industry
in particular, in developing countries.
In drafting this Model, the Committee has endeavored to incorporate some ideas,
which are fair, impartial and practical, but not generally contained in other
model forms for power plant construction contract. It makes this Model Form, we
believe, all the more useful for all related parties.
Main Features:
(1) Most suitable for use in a full turnkey power plant construction
projects.
(2) Fair and reasonable balance between the Owner and the Contractor
on the various risks involved in international projects on a full turnkey basis.
(3) More focus is provided on and improvement made with regard to
the provisions relating to Taking Over procedures such as Commissioning and Reliability
Test and also the provisions relating to the Performance Guarantees.
(4) Notes for construction contracts under project finance scheme
are added to the Guide Note as an appendix.
Contents - Power Model Form-:
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Vol.1(112 pages) |
Form of Agreement and General Conditions |
| Form of Agreement
|
| General Conditions
|
| Part I |
Contract and Interpretation |
| Part II |
Subject Matters of Contract |
| Part III |
Payment |
| Part IV |
Intellectual Property |
| Part V |
Work Execution |
| Part VI |
Guarantees and Liabilities |
| Part VII |
Risk Distribution |
| Part VIII |
Changes in Contract Elements |
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Vol.2(80 pages) |
Sample of Appendices to the Agreement |
| Appendix 1 |
Breakdown of the Contract Price |
| Appendix 2 |
Escalation Clause |
| Appendix 3 |
Unit Rates for Changes |
| Appendix 4 |
Payment Terms |
| Appendix 5 |
Form of Letter of Credit/Guarantee |
| Appendix 6 |
Insurance Requirements |
| Appendix 7 |
Performance Guarantees |
| Appendix 8 |
Form of Bonds |
| Appendix 9 |
Project Specifications |
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Vol.3(36 pages) |
Guide Notes |
| Item 1. |
Features of the ENAA Model Form and its Fields of Application |
| Item 2. |
Engineer |
| Item 3. |
Completion/Taking Over and Performance Guarantee |
| Item 4. |
ContractorÅfs Total Maximum Liability |
| Item 5. |
Training |
| Item 6. |
Sub-contracting |
| Item 7. |
Environmental Conditions |
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The Model Forms are available either in document format (A4 booklet) or CD (in MS-Word 2000 version).
>>Process Model Form & Power Model Form ODER FORM
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EPS Model Form
Both Process Plant and Power Plant model forms are on a turnkey lump sum basis. A further type of contract, however, still used in many cases for international construction projects is the Engineering, Procurement and Supply (EPS) type contract, for which only a limited number of model forms exist. ENAA has noted the need for a model form for EPS type contract and to fulfill such need.
In this new EPS model form, ENAA decided to refrain from making amendment to the general approach of the existing model forms other than to accommodate the changes necessarily flowing from the change of the contract scheme to the EPS scheme. ENAA has deferred the making of any such amendments until publication of the revised edition of the existing model forms that will follow this new EPS model form.
Contents - EPS Model Form-:
| Agreement |
| General Conditions
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| Part I |
Contract and Interpretation |
| Part II |
Subject Matter of Contract |
| Part III |
Payment |
| Part IV |
Intellectual Property |
| Part V |
Work Execution |
| Part VI |
Guarantees and Liabilities |
| Part VII |
Risk Distribution |
| Part VIII |
Change in Contract Elements |
| Schedule 1 |
Delivery Certificate |
| Schedule 2 |
Acceptance Certificate |
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| Guide Notes |
| Chapter I. |
General |
| Chapter II. |
Guide Notes for Agreement |
| Chapter III. |
Guide Notes for General Conditions |
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EPS Model Form includes CD as a part of document.
>>>EPS Model Form ORDER FORM
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