Geisseler Law Law Firm

Freiburg, Germany

Geisseler Law Law Firm

Freiburg, Germany
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Planning and erecting a pump-storage or other hydro power plants (»HPPs») is an ambitious and complex process, in which the interests of the contractual partners and - in a wider sense - of all stakeholders of the project have to be taken into account and unforeseen events have to be coped with. There are multiple ways of structuring a contract regarding the erection of a HPP. The purpose of the contract is always the same: to balance the different interests of the parties and to define the mutual obligations and consequences in the case of changes (»Variations») or any sort of non-compliance with the contractual obligations, be it delay, defects or other non-compliance. Depending on the choice of the parties or the tendering authority - the Owner & Operator of the plant (i.e. the »Employer») - regarding the structure of the project (Turnkey or »multi-contracting») and the applicable law the content of the contract will vary. Parties might want to base their relationship on an internationally accepted standard form contract (e.g. FIDIC or NEC) or alternatively negotiate a tailor-made individually drafted contract. This paper shows various possibilities for contractual solutions covering these issues. © Société Hydrotechnique de France, 2017.

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