What does Turnkey contract mean? A turnkey contract (often called an epc contract) is a construction procurement in which one contractor engineers, procures, constructs, tests and commissions a project and then hands over a facility that can be operated immediately—literally by turning the key. The term is descriptive rather than defined in legislation or case law, and its use is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland. Typical legal features include: single point of responsibility; lump‑sum, fixed‑time obligations; broad transfer of design, co‑ordination and interface risk to the contractor; performance guarantees proven by completion and commissioning tests; liquidated damages...
Read More
The label ‘EPC’ contract (or ‘turnkey’ contract) is not a technical term. Perhaps the clearest way is first to set out how it diverges from other forms of agreement. A turnkey arrangement means that, once the project is finished and ready to pass to the user, it should need nothing more than the ‘turn of a key’ for the user to run it immediately. EPC denotes engineering, procurement and construction, and signals, in particular:
This contrasts with traditional domestic building or engineering contracts, where risks and duties (including those relating to design) are spread more evenly between contractor and client, and the client, through its representatives, may play a substantial role in decision making throughout the construction phase and programme. Many UK domestic contracts now adopt standard forms with contractor design liability and are then so extensively revised in favour of the client that describing them as EPC contracts would appear fitting for them in practice...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...