ICC Model Turnkey Contract for Major Projects - 2020 Revision

No. P797E

ISBN : 978-92-842-0480-9

International turnkey construction projects are often complex transactions, requiring correspondingly complex legal documentation. Moreover, many such major construction projects are an important element in international development, and it is vital that the arrangements put in place be durable, clear and equitable.

The ICC Model Turnkey Contract for Major Projects, revised in 2020, provides contractors and employers with a unique, balanced platform that is fair to all parties. At the same time, the model accommodates the desire of all parties for price and scope certainty, the need for swift and effective dispute resolution, and the need for complete and informed allocation of risks.

 

Code ISBN : 978-92-842-0480-9
Weight : 0.3000 kgs
Number of pages : 63
Publishing date : 2020
Language : English
Format in cm : 20.9*29.7

FOREWORD.. 4

INTRODUCTION.. 6

Main Contract Form.. 8

SECTION I - Special Conditions of Contract 10

SECTION II - General Conditions of Contract 15

CHAPTER 1 GENERAL AND PRELIMINARY ARTICLES. 15

CHAPTER 2 THE PARTIES' OBLIGATIONS. 25

CHAPTER 3 THE EXECUTION OF THE CONTRACT. 31

CHAPTER 4 DESIGN - RESPONSIBILITY AND MANAGEMENT, VARIATIONS. 37

CHAPTER 5 START DATE, THE TIME TO TAKING-OVER, SCHEDULING AND PROGRESS. 45

CHAPTER 6 CONTRACT PRICE AND PAYMENT. 51

CHAPTER 7 COMPLETION AND TAKING OVER OF THE WORKS BY THE EMPLOYER.. 55

CHAPTER 8 DEFECT CORRECTION PERIOD.. 60

CHAPTER 9 ALLOCATION OF RISK AND RESPONSIBILITY AND EXCLUSIONS FROM LIABILITY. 63

CHAPTER 10 FORCE MAJEURE, SUSPENSION AND TERMINATION OF THE CONTRACT, REMEDIES. 66

CHAPTER 11 INSURANCE. 73

CHAPTER 12 GENERAL PROVISIONS. 78

CHAPTER 13 CLAIMS, DISPUTE RESOLUTION AND ARBITRATION.. 84

 

International turnkey construction projects are often complex transactions, requiring correspondingly complex legal documentation. Moreover, many such major construction projects are an important element in international development, and it is vital that the arrangements put in place be durable, clear and equitable.

ICC has prepared this model international turnkey contract for use in major projects, in order to provide contractors and employers with a unique, balanced platform that is fair to all parties. At the same time, the model accommodates the desire of all parties for price and scope certainty, the need for swift and effective dispute resolution, and the need for complete and informed allocation of risks.

The form is equally intended for use in public and private contracts whether tendered or individually negotiated, as a part of the “BOT DBFM” project documentation, and in externally financed projects. This model contract, one of a successful series produced by ICC’s Commercial Law and Practice Commission. 

“As the ICC represents all parties to international business transactions, the model turnkey form has to be fair to all parties. It achieves this balance, amongst other ways, by making obligations bilateral where it is sensible to do so.” 

Eric Eggink - Eric is the Chair of ICC's Turnkey Working Group and most recently spent 11 years at Technip in international Oil & Gas construction and before that 17 years in international civil construction.