Topics will include:

• Certainty – fixed price and fixed date – longstop dates - use of completion guarantees
• Monitoring – Lenders Technical Advisor v. Independent Expert
• Dealing with delays – remedial plans – liquidated damages
• Dealing with under-performance – acceptance testing – performance guarantees – liquidated damages
• Security Package – caps on liability – exclusions – performance bonds – parent guarantees
• Contractor claims – restrictions on contractor including equivalent project relief and protections for the project company
• Step in rights – common issues surrounding a direct agreement – expectations of lenders