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Scott Langdon, Partner in our Restructuring team and Ben Mahler, Director in our Forensic team, recently presented at the Society of Construction Law Australia (SoCLA) conference in Sydney. Underpinning their presentation, this paper discusses the current risk allocation that results from the use of EPC contracts on projects (particularly on mega-projects), why this allocation of risk does not (and cannot) work in the real world, the practical impact this has on the delivery (and dispute of) mega-projects, and what could be done to attempt to curb this in the future so that risk is allocated to those who can understand it, and who have the capacity to bear it.
Forensic Restructuring