Understanding the Engineering, Procurement, and Construction Contract

Definition & Meaning

An engineering, procurement, and construction contract (EPC contract) is a type of fixed-price construction agreement. It is often referred to as a turnkey contract because it allows the contractor to manage the entire project from start to finish. In this arrangement, the contractor takes on a broad range of responsibilities, including design, engineering, procurement of materials, and construction of the facility. This contract structure is commonly used for projects with a specific purpose, enabling efficient project delivery and streamlined operations.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A city government enters into an EPC contract with a construction firm to build a new wastewater treatment plant. The contractor is responsible for the design, procurement of materials, construction, and initial operation of the facility.

Example 2: A private company hires an EPC contractor to construct a solar power facility. The contractor manages all aspects, from engineering the layout to procuring solar panels and completing the construction (hypothetical example).

State-by-state differences

Examples of state differences (not exhaustive):

State Key Differences
California Strict regulations on contractor licensing and bonding requirements.
Texas More flexible contract terms but requires specific performance guarantees.
New York Emphasis on labor laws and safety regulations in construction contracts.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Comparison with related terms

Term Description Key Differences
EPC Contract A contract where the contractor handles all aspects of a project. Includes design, procurement, and construction responsibilities.
Design-Build Contract A contract where design and construction are combined under one entity. Focuses more on design integration than procurement.
Construction Management Contract A contract where a construction manager oversees the project. The owner retains more control over the project and contracts.

What to do if this term applies to you

If you are considering entering into an EPC contract, it is essential to:

  • Understand the scope of responsibilities outlined in the contract.
  • Review the timeline and fixed-price terms carefully.
  • Consult with a legal professional to ensure that the contract protects your interests.
  • Explore US Legal Forms for templates that can help you draft or review your contract.

Quick facts

  • Typical contract type: Fixed-price
  • Common projects: Infrastructure, power plants, industrial facilities
  • Key components: Design, procurement, construction
  • Potential risks: Cost overruns, delays, compliance issues

Key takeaways