A influência dos riscos nos contratos de EPC Turnkey

Abstract

This dissertation analyzes the influence of the risks of EPC turnkey contracts, a contractual modality widely used around the world for major construction projects. Such projects require huge investments, long time periods and large numbers of workers for materialization. Considering the highly complex structure of EPC turnkey contracts, the clauses on the lump sum price and determined time frame act as pillars of this form of contracting, so they can only be changed under extraordinary circumstances. This leads to frequent litigation between the parties, involving questions related to the inherent risks of building large undertakings. To minimize such disputes, it is fundamental to rationally allocate these risks, involving establishment of a relationship of cooperation between the parties, from the pre-contractual phase, to identify and prevent risks, until start-up of the project. It is equally important to identify and detail the factors and types of risks, both to help interpretation of any omissions in the contract and to overcome adventuresome claims of contractual imbalance