Organised by
Consulting Engineers
Association of India
Western Region Centre
SEMINAR ON
EPC CONTRACTS - RISKS,
CLAIMS & CONFLICTS
MANAGEMENT
Date:
5th June 2015
Venue:
Seminar Hall, 1st Floor, Pravin Gandhi
College of Law, Mithibai College Campus,
Bhaktivedanta Marg, Vile Parle (West),
Mumbai 400056.
In association with
Facilities
CEAI - Member Association
SVKM's Pravin Gandhi
College of Law
Vile Parle [W], Mumbai - 400 056.
INTERNATIONAL ASSOCIATION OF
CONSULTING ENGINEERS
OBJECTIVE & ABOUT THE SEMINAR
The long awaited Budget has been presented and points
to a steady approach to financing the different sectors of
Infrastructure Highways, Roads, Railways & Metros,
Ports & Harbours, Waterways, Water & Waste Water,
Power, Rural & Urban development, Buildings, etc. The
previous models for funding and executing projects have
left in their wake a number of unfinished projects many of
which are in different forms of dispute. The owners ranging from the Government Departments/ Bodies/ Organisations (PSUs) to the Private Sector orgnisations and
entrepreneurs new to the gamut of consultancy and
works contracts it is necessary that the implications of any
model be understood as best as can be so that so that
they can make informed selection and decisions.EPC Contracts being one of the preferred mode of executing projects this seminar is aimed at providing an insight into
managing the contracts and claims arising there from.
The one day seminar will have Mr. Tom Kapapa, Operations and Technical Director, Quantum Global Solutions
and Mr. Uttam Sengupta, General Manager, Risk Management, Voltas Limited sharing experiences of dealing
with contracts so as to provide clarity and guidance to
those working with EPC contracts and provide a better
understanding of their administration and the handling of
Risks, Claims and Conflicts.
ABOUT CEAI
Consulting Engineers Association of India (CEAI) is the apex
body of consulting engineers in India. CEAI represents the
Indian Engineering Consultancy profession at the International
Federation of Consulting Engineers (FIDIC). By virtue of amalgamation of the two erstwhile professional bodies of consulting
engineers, Association of Consulting Engineers (ACE) and
National Association of Consulting Engineers (NACE) into CEAI
in the year 1996, CEAI has, behind it, over 55 years of accumulated knowledge and experience. CEAI Membership comprises
of practicing consultants, private and public sector firms
engaged in the entire range of engineering consultancy services. CEAI looks after the interests and enhances the status of
consulting engineering profession in India and is equally concerned with quality development, productivity enhancement
and promotion of ethical practices. CEAI has established linkages and strong bonds with its counter parts in various countries
and is a staunch advocate of global networking and cooperation.
ABOUT QUATUM GLOBAL SOLUTIONS
Quantum Global Solutions (QGS), is a British founded and managed company operating globally with their Middle East head
office in Doha. Other offices include Dubai, Jordan, Riyadh,
Hong Kong, England (UK), Paris and Illinois (USA).
QGS are a construction support company partnering with many
leading contractors and clients providing contractual, commercial and planning support and specialising in the preparation of
entitlement submissions including forensic planning analysis
and the resolution of (construction / civil engineering) disputes in
both English and Arabic languages. They are currently working
on a large number of projects in the Middle East, Asia, Europe
and USA. They have a growing team currently over 100 strong
including Engineers, Contracts/Commercial Specialists, Expert
Witnesses, Quantity Surveyors, Forensic Planners and Media
Specialists with extensive experience.
As you will appreciate, contractual entitlement issues are commonplace in the construction industry regularly leading to disputes especially in a rapidly developing and expanding market
such as the Middle East and Asia. However, QGS has a wellearned reputation partnering with contractors providing forensic
planning and quantum expertise.
One of the unique methods QGS use to trigger negotiations and
avoid protracted dispute is the use of media. We appreciate that
a picture tells a thousand words and have an in house media
team to prepare presentations in the form of self-playing movies
or interactive flash presentations. This is particularly useful when
making presentations to Client senior management who do not
have the time to read large volumes of narrative or review many
drawings. Issues and proposals can be presented clearly and
concisely with a focused message aligned with the required outcome from the meeting. This has been used extensively by QGS
in its works and has proven to be very effective in securing deci-
sions and positive results. It is a fact that 90% of the information
transmitted to the brain is visual and our brain processes visuals
60,000 times faster than text hence the reason for the effectiveness of this presentation tool.
Quantum takes a proactive approach in partnering and supporting their Clients on projects with contracts, commercial and planning management. They want to resolve issues before they
become problems and avoid expensive protracted disputes.
They strongly believe in regular health checks on projects and
the value of a third party objective review on issues.
Quantum is well respected by both Client and contracting
organisations and has developed a unique methodology for
managing such matters. Refer to their website which can be
found at: www.qgs.global which will prove to be of interest and
should you wish to find out more about our work.
Who Should Attend?
All professionals actively involved in preparing and
implementing projects.
 Consulting Engineers
 Central and State Government
Departments/ Ministries involved in
projects
 Architects
 Quantity Surveyors
 Contractors / Sub contractors
 Owners
 Funding agencies
 Executive of PSUs of
Infrastructure Sector
 Builders / Developers
 Construction professionals
 Suppliers
 Insurers
 Lawyers
FACULTY
Mr. Tom Kapapa has over decades of experience in the Construction Industry working in the UK, Europe,
Africa, Asia and the Middle East. A qualified Chartered Surveyor, Tom holds a BSc (Hons) degree in Civil
Engineering and Commercial Management, an MSc. in Engineering and Construction Management, a
Master in Business Administration and a Diploma in Surveying.
He has held senior positions and has managed and advised on matters of Dispute, Entitlement Submissions and Claim Strategies, Contractual and Commercial Management in different projects including infrastructure projects and retail developments.
Mr. Tom Kapapa
As Operations and Technical Director for Quantum Global Solutions, Tom advises several clients in the Middle East, Asia, Europe and USA. Tom's initial experience in EPC contracts, and dispute management and
resolution was on the Pearl GTL project in Qatar renowned as the world's largest, most complex and challenging energy projects in the world. Since then Tom's expertise over the last 8 years has extended to
include disputes on major wastewater, roads and highway, hospitals and retails development including
advising clients at all stages of project delivery and through arbitration in some cases.
Tom has been involved in the negotiation of settlements on several major disputes leading negotiations on
behalf of clients. Tom currently provides strategic advice to several clients on contractual or technical entitlement issues including detailed and incisive analysis on areas of risk, forensic delay analysis and guidance on the formulation of entitlement strategies.
Mr. Uttam Sengupta graduated in Commerce and later on did his LLM from the University of Bombay. After graduation he joined Siemens Limited as a "Commercial Trainee" and moved up in the organization in different
capacities and in different divisions. During his long innings in Siemens he handled commercial issues of various domestic and international projects in the field of power and it also extended to heading the project management team at the corporate level. In Siemens he was also deputed abroad and that gave him international
exposure.
In 2004, Mr. Sengupta was invited by Voltas Limited (A TATA Enterprise) to head the "Risk Management" cell for
their International Operation Business Group. He has rich experience, in handling contractual matters, across
various industries, with particular reference to infrastructure and construction industry in India and abroad, particularly, in GCC countries, where the contracts are predominantly structured upon the FIDIC Conditions of Contract.
Mr. Uttam Sengupta
He specialises in Contract Management, evaluation of risk by reference to contract provisions, monitoring and
reviewing them so as to suggest mitigation measures in the entire contract procedure, including basic risk
areas. He has also experience in representing and defending dispute adjudication proceeding, in coordination
with reputed International Legal Attorneys and Claim consultants. His international market knowledge and contracting knowhow, assists in providing valuable and detailed advised advise in Tendering process, on project
risk assessment, contract review and drafting to ensure successful bidding activity.
He is actively involved, in mentoring management students from reputed management institutions in International Business, lecturing and sharing of knowledge at various corporate forums and institutional bodies, and is
on the Ad-hoc Board of Studies in Management Courses (Mumbai University) as Industry Representative. He
has actively participated in International FIDIC conferences in London, UAE and India. He is also an Indian faculty on Construction Contracts and Risks.
He is a Member of the Governing Council of the Consulting Engineers Association of India and also the Chairman of its Western Region Centre.
PROGRAMME
 Pros & Cons of EPC Contracts
 Claim and Conflict Management
 Types of Risk Mitigation in EPC Contracts
 Case Study - (TBA)
 Why EPC Contracts?
 Evaluating Contract Disputes through Negotiation, Arbitration and Litigation
 Common problems faced on EPC Projects
 Enforcing the Contract in EPC Projects
 Case Study - Major Retail Development
 The Dos and Don’ts on a Construction Project
CEAI - Western Region Centre
C/o Chempro Expertise Pvt. Ltd., 203, Trade Corner, Saki Naka, Andheri (East), Mumbai 400072.
Contact: Mr. Jeffrey Nambiar, Hon. Secretary & Treasurer
Email: [email protected]; Mob: +91 9820083062
Email: [email protected] Tel +91 22 28596350/ 28508313