A estandardização dos contratos internacionais e o modelo FIDIC - Silver Book para contratos EPC

Abstract

In this scholarly work the main features of the globalization process will be outlined, inasmuch as the relevance of Comparative Law. The adoption of international standardized models of contracts will be addressed as part of a harmonization effort, in order to reduce risks and minimize transaction costs. Further, the EPC contract model (acronym for Engineering, Procurement and Construction), originated in the Anglo-Saxon practice, will be analyzed, with focus on the typological classification of the EPC Contract, comparing it with existing institutes in the Brazilian Law. Also comprising the present study is the contextualization of the EPC Contract's dissemination abroad and its consolidation in Brazil, supported - to a large extent - by the need to clearly allocating risks in complex construction and infrastructure projects, especially in those areas in which entrepreneurs are unaware of the regulatory environment and the surrounding socioeconomic reality. The main features of the EPC contract will be addressed, in consideration of the Conditions of Contract for EPC Turnkey Projects - General Conditions, Guidance for The Preparation of Particular Conditions, Forms of Letter of Tender, Contract Agreement and Dispute Adjudication Agreement, recommended by the Fédération Internationale des Conseils Ingénieurs - FIDIC. It will also be highlighted the balancing by the foreign law between the assumption of risks by the Contractor (or Builder), including those referring to unforeseen risks, and the keeping by the Owner of broad monitoring and supervision prerogatives (such as overseeing attributions, key personnel and contract manager approval, step-in rights).