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The third edition of the ENAA Model Form-International Contract for Process Plant Construction(Turnkey Lump-sum Basis) was published in 2010, revising the 1992 edition. The 1986 edition, which is the very first edition, the 1992 edition and the 2010 edition have all 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.


The second edition of the ENAA Model Form-International Contract for Power Plant Construction(Turnkey Lump-sum Basis) was published in 2012, revising the 1996 edition which was first published to meet the growing needs for an international contract model form for construction of power plants.
The second edition of the ENAA Model Form-International Contract for Engineering, Procurement and Supply for Plant Construction (EPS type contract) was published in 2013, revising the 2007 edition which was published to fulfill the need for a model form for EPS type contract.


In preparing these Model Forms, ENAA 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, and other relevant organizations in the US and Europe. The Model Forms also received a thorough check by UK law firms and a certified quantity surveyor.

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.

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 edition adopted in the 2010 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 edition. 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 by producing a revised version to fulfill such needs.

ENAA considered many factors in preparing this 2010 edition but tried to maintain the risk allocation envisaged in the first and second editions thus limiting the possibility of any confusion among the users accustomed to using the previous editions.

Please also note that this edition does not include "Appendix" or "Work Procedures" such as were provided in the 1992 edition other than Appendix 8 "Form of Bonds". Appendix 8 "Form of Bonds" has been revised this time and is contained in this edition. All other Appendices and Work Procedures of the 1992 edition are intended to remain in use with this edition unchanged.


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
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

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

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 the first edition of this Model Form, ENAA had endeavored to incorporate some ideas, which were fair, impartial and practical, but not generally contained in other model forms for power plant construction contract. It made this Model Form, we believe, all the more useful for all related parties.

Main Features are:
(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; and
(4) Notes for construction contracts under project finance scheme are added to the Guide Note as an appendix.

The revisions to the 1996 edition adopted in this 2012 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 1996 edition. 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 by producing a revised version based on the philosophy of the Process Plant 2010 Edition.

ENAA considered many factors in preparing this 2012 edition but tried to maintain the risk allocation originally envisaged in the 1996 edition thus limiting the possibility of any confusion among users accustomed to using the 1996 edition. Further, in drafting this new edition, it was decided that such major features of the 1996 edition specific to power plant construction as enumerated above should be maintained.

Please also note that this edition does not include the Appendices provided in the 1996 edition other than Appendix 8 "Form of Bonds". Appendix 8 "Form of Bonds" has been revised this time and is contained in this edition. All other Appendices of the 1996 edition are intended to remain in use with this edition unchanged. For Work Procedures, except WP 10, please the Process Plant 1992 edition as a reference.


Contents - Power Model Form - 2012 Edition::

  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
Guide Notes
Chapter I The General Concept of the ENAA Model Form
Chapter II Guide Notes for Agreement
Chapter III Guide Notes for General Conditions (GC)

For reference (Vol.2, 1996 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

 

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 (for customers in abroad)

>>ENAA Model Form ODER FORM (for customers in Japan)

Note:
(1) Payment by check is not accepted.
(2) The corporation or person of which address located in Japan cannot order by US$.

 

EPS Model Form

Before ENAA published its Model Form for Engineering, Procurement and Supply (EPS) type contract first in 2007, ENAA had published 2 sets of Model Forms for use in international turnkey contracting, namely the "ENAA Model Form - International Contract for Process Plant Construction" (the 1992 edition, revising the 1986 edition); and the "ENAA Model Form - International Contract for Power Plant Construction" (the 1996 edition).

Those Model Forms are on a turnkey lump sum basis, as are most popular model forms of international construction contract published by other organizations. A further type of contract still used in many cases for international construction projects for process plants, power plants and other forms of industrial plant is the EPS type contract, for which only a limited number of model forms exist. ENAA noted the need for a model form for EPS type contract and in 2007 published the "ENAA Model Form-International Contract for Engineering, Procurement and Supply for Plant Construction (the ENAA EPS Model Form first edition). Since then, ENAA has published revised versions of both of its sets of Model Forms for turnkey plant construction contracts;: the International Contract for Process Plant Construction 2010 edition and the International Contract for Power Plant Construction 2012 edition. It was a natural decision by ENAA that the EPS Model Form first edition should be revised so as to be in harmony with such ENAA turnkey Model Forms.
Please also note that, as in the case of the previous 2007 edition, this 2013 edition does not include any "Appendix" other than Appendix 8 "Form of Bonds". Appendix 8 "Form of Bonds" has been revised this time for usage governed by URDG758, and is contained in this edition. For all other Appendices, please refer to the Appendices attached to the ENAA Model Form 1992 edition for Process Plant Construction, although appropriate amendments are required to certain Appendices in view of the different contract scheme.


Contents - EPS Model Form-:

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
Schedule 1 Delivery Certificate
Schedule 2 Substantial Delivery Certificate
Schedule 3 Acceptance Certificate
 
Guide Notes
Chapter I. General
Chapter II. Guide Notes for Agreement
Chapter III. Guide Notes for General Conditions

EPS Model Form includes CD as a part of document.
>>>EPS Model Form ORDER FORM (for customers in abroad)

>>>ENAA Model Form ORDER FORM (for customers in Japan)

Note:
(1) Payment by check is not accepted.
(2) The corporation or person of which address located in Japan cannot order by US$.

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