Construction Law & EPC Contracts

Legal500 - 2022's commentaries on our Construction Law practice: ‘Kesikli’s real estate and construction practice have a very high level of sector knowledge, prompt and appropriate response times, very valuable advice, and a well-educated team of lawyers.’

The strength of our reputation is based on our extensive experience in various EPC Projects in different parts of the world. Engineering, Procurement, and Construction (EPC) contracts are the most common form of contracts used by the private sector on large-scale and complex construction and infrastructure projects. The legal requirements of the applicable law of the contract, and the country in which the project will take place, as well as the places from which any part of the project will be imported or procured, may play a crucial role in deciding on the structure and proper allocation of risk in an EPC Contract. This requires a well-drafted EPC Contract —from both the perspective of the contractor and the owner—according to applicable laws. Whether a project is large or small, even minor mistakes must be avoided as they may cause a domino effect that leads to catastrophic losses for the contractors, suppliers, or investors.

Our experience in Engineering, Procurement, and Construction is broad-based and includes EPC (Engineering, Procurement, Construction) Projects in Turkey, the Russian Federation, Israel, Turkmenistan, Kazakhstan, North Africa, Nigeria, Ghana, Namibia, Senegal, Romania, and in the Middle East. Our experience with projects in these countries includes negotiating with foreign corporations and governments in connection with various business agreements, EPC Contracts, Operation & Maintenance Contracts, Asset Management Contracts, corporate & civil litigation, and representation of companies in significant and complex commercial and international transactions.

We pursue commercially-minded solutions, from the inception of the project to the construction and operation phases.

How we can assist you in your EPC Projects:

– We can assist you with matters of:

– Negotiation and preparation of Tender Packages, Engineering, Procurement, & Construction (EPC) Contracts, Design & Build contracts, EPC Management Contracts, Operation & Maintenance Contracts, Asset Management Contracts, Supply Contracts, Engineering services agreements, architectural services agreements, and transportation agreements;

– Negotiation and preparation of subcontracts, consultancy agreements, collaboration agreements, joint venture agreements, and consortium agreements;

– Providing contract management services;

– Assistance with defective work claims, injury claims on construction sites, change order issues, costs overrun claims, bonding and liquidated damage claims, and architectural or engineering malpractice, industrial design disputes, construction and contract disputes, tender disputes, engineering claims, and lien claims;

– Insurance issues including liability, builder’s risk, errors and omissions, and professional liability coverage;

– Regulatory and municipal planning approvals;

– Determination of the project finance requirements of each specific project and their incorporation into the respective contracts.


Experience

  • Acted for an international EPC Contractor in its EPC Contract and other project agreement negotiations with the project sponsors for a 300 MW LNG to Energy Power Plant (including its associated marine infrastructure) Project in Africa.
  • Acted for an international contractor relating to turn-key construction of a five-star Hotel project in Libya.
  • Acted for an international contractor relating to turn-key construction of Fritolay Factory in Saudi Arabia.
  • Acted for the construction contractor of AKBANK Data Center, Conference and Wellness Center construction projects in Turkey.
  • Advised and acted for owners of Residential Estates with regard to termination of construction contracts, liquidation of bank guarantees, drafting and negotiation of construction contracts with other contractors in Istanbul.
  • Advised a Japanese contractor relating to its contracts and construction projects in Turkey,
  • Acted for the construction contractor of ISBANK data center construction project in Turkey.
  • Acted for the construction contractor of BAYKAR R&D and Production Center construction project.
  • Acted for an international O&M Contractor relating to its O&M Contract negotiations with the owners of a 300 MW LNG to energy power plant project in Africa.
  • 90 MW and 400 MW CCPPs - Acted for an international EPC contractor in review and negotiation of a BOT Contract and an EPC Contract for two different combined cycle power plant projects in Senegal.
  • Acted for the contractor of 3M Manufacturing Facility construction project in Dammam/Saudi Arabia.
  • 1000 MW CCPP Power Plant Construction Project in Turkey – Acted for an engineering company.
  • Acted for the contractor of RECORDATI New Pharmaceutical Manufacturing Plant construction project in Cerkezkoy Industrial Zone, Turkey.
  • Acted for the construction contractor of C. Steinweg Levant Logistic Center Project relating to Turnkey; Infrastructure, Civil Works, Architectural Works, Electrical and Mechanical Works.
  • Acted for the construction contractor of TURKCELL Data Center Project in Gebze Industrial Zone, Kocaeli.
  • Acted for the contractor of a 5,5 MW Biogas Electricity Generation Project in Düzce/Turkey in its negotiations with the project developers and owners.
  • Acted for an international contractor in a co-developed IPP project in Nigeria (relating to the EPC contract, O&M contract, power purchase agreement, natural gas supply agreement and other project documents of a brownfield power plant project).
  • 250 MW Power Plant project - provided legal advisory and due diligence services to an international EPC contractor and O&M contractor during the evaluation of taking over of a BOT Contract in Ghana.
  • Acted for the contractor of TR Pharm Ilac Pharmaceutical Plant Project in Cerkezkoy Industrial Zone, Tekirdag, Turkey.
  • Acted for the construction contractor of Vodafone Data Center Project in Esenyurt, Istanbul.
  • Acted for the construction contractor of Dogus Otomotiv Logistics Center Building in Kocaeli.
  • Acted for the construction contractor of Chipita Gida Industrial Food Production Complex Project in Gebze Plastikciler Industrial Zone, Kocaeli.
  • 600 MW Eren Energy Coal-Fired Power Plants in Zonguldak/Turkey, provided legal & contractual advisory services to the construction contractor relating to the contracts and disputes arising therefrom.
  • Acted for the construction contractor of IFF International Flavors & Fragrances GOSB Extension Project in Gebze Industrial Zone, Kocaeli.
  • Acted for the construction contractor of 3M Çorlu New Manufacturing Plant Construction in Corlu / Tekirdag.
  • 340 MW & 150 Gcal of heat -  Tereshkovo Power Plant - EPC Project, Russia, Moscow – Acted for an internationally operating Turkish Energy Group.
  • 340 MW & 270 Gcal of heat - Kojukhovo Power Plant - EPC Project, Russia, Moscow – Acted for an internationally operating Turkish Energy Group.
  • Acted for the contractor of 60 MW Natural Gas Fired Power Plant Construction Project at Cerkezkoy Organized Industrial Site – EPC Contract Drafting and Negotiation.
  • 48 MW Natural Gas Fired Power Plant Project, Cerkezkoy OSB, Tekirdag EPC Contract, consultancy services and contract management services for the owner of the Project.
  • 40 MW Erdemir Steam Turbine Generator Project – Construction and Procurement Contract Management services for subcontractors of the Project.
  • 67,5 MW Lüleburgaz Cogeneration Power Plant – Acted for Zorlu Energy Group for the contractual and regulatory matters relating to the Project.
  • 60 MW Izmit Entek Power Plant Expansion Project – Acted for the EPC Contractor of the Project.
  • 60 MW ATAER Power Plant Project in Izmir - Acted for the EPC Contractor of the Project.
  • 4,8 MW Biogas to Electricity Project in Tire/Izmir. Acted for the owner of the Project.
  • 12 MW Biomass to electricity project in Bolu/Turkey. Acted for the Owner of the Project.
  • South Yoloten Gas Field, Turkmenistan - EPC Contract Tender, conducted legal due diligence services for an EPC company.
  • A Power Plant Construction Project in Turkmenistan - Drafting and Negotiation of the EPC Contract for the awarded company.
  • A Compressor Station Construction Project in Turkmenistan, Drafting and Negotiation of the EPC Contract for the awarded company.
  • Electricity Production A.S (EUAS) Ambarlı Rehabilitation Project - Acted for a technology provider.
  • Public Tenders relating to coal-fired power plants (Afsin Elbistan, Collolar Projects)- Provided legal advisory services to an international investor and its affiliates on regulatory matters.
  • Construction of new fuel gas and diesel fuel-fired Gas Turbine Cogeneration Power Plant on the new platform for combined heat and power production in Azerbaijan operated by the State Oil Company of the Azerbaijan Republic. Acted for an international contractor.
  • Rehabilitation of boiler plant in Cherkassy, Ukraine Energy Efficiency Tender - Conducted legal due diligence services, commented on the EPC Contract and the relevant Tender Documentation.  Acted for an international contractor.
  • Acted for an engineering company relating 600 MW Thermal Power Project located in Iskenderun / Turkey.
  • BOT (Build Operate & Transfer), BO (Build & Operate) and Construction Contracts for international investors for their Power Plant Construction Projects in Iraq.
  • Acted for an internationally operating Turkish Energy Group in its EPC Contract & O&M Contract negotiations with the owner of 800 MW Power Plant EPC Project – Ashkelon/Israel (Second largest IPP in Israel).

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