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
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