Contrato Llave en Mano
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Felipe Espartano Guzman EscobarContrato Llave en Mano
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Felipe Espartano Guzman EscobarCommon questions
Con tecnología de IAIn a fixed-price turnkey contract, structuring payments involves establishing a schedule based on completed milestones rather than progress payments calculated by work quantities. Key considerations include setting payment amounts tied to specific project stages, such as order placements, manufacturing milestones, delivery of materials, and installation completions. This approach ensures that payments are made for tangible progress and mitigates financial risks for the client by aligning payments with verified project advancement .
Challenges in adhering to the project schedule in a turnkey contract include unexpected site conditions, discrepancies in design specifications, and coordination with subcontracts. Progress is typically measured through defined milestones rather than on a linear timeline. These milestones can include specific dates for order placement, completion of manufacturing stages, packaging of equipment, and delivery to the construction site. This milestone-based approach allows the client to monitor progress and ensures that contractual obligations regarding timelines are met .
A turnkey contract manages risks and obligations by clearly defining the roles and responsibilities of both the client and the contractor. The client is responsible for providing access to the construction site, supporting the acquisition of permits and licenses, and paying the contract price. The contractor, on the other hand, is responsible for obtaining necessary permits, completing the design and construction to meet performance guarantees, and rectifying defects. This balance of responsibilities helps distribute risk, and the legal framework governing the contract ensures that obligations are met fairly .
Factors leading to the modification of design obligations independently from construction obligations include changes in regulatory requirements, technological advancements, or alterations requested by the client to improve project functionality. Independent design modifications may arise when new information or innovations affect the viability of the original plan, requiring updates to ensure compliance with performance guarantees without impacting construction schedules .
Turnkey contracts facilitate international projects by offering a structured framework that clearly defines each party's responsibilities and risk allocation while allowing for the selection of applicable laws and arbitration locations. This structure provides clarity and legal predictability, essential for international dealings, and supports the integration of diverse cultural and regulatory environments. The flexibility in choosing applicable law and arbitration ensures that the contract is enforceable across different legal jurisdictions .
The choice of applicable law influences the execution and enforcement of a turnkey contract by determining the rights and obligations of the parties, how contractual terms are interpreted, and the legal remedies available in case of disputes. Both parties can agree on the law that will govern their contract, subject to certain restrictions, especially in cases involving intellectual property rights or regulated matters like interest rates. The applicable law is typically chosen based on where the project is located or where arbitration will occur, ensuring relevance and jurisdictional authority .
Requiring specific subcontracts in a turnkey contract allows the client to ensure quality through direct negotiations or preference for certain suppliers. This provision implies shared decision-making, allowing the client to mitigate risks associated with critical components by selecting known or preferred subcontractors. However, it also places additional responsibilities on the client to coordinate and potentially pay for these vetted subcontracts, while the contractor remains responsible for final project delivery .
A turnkey contract comprises three main elements: the design of the project, the technological component, and the supplies, construction, and assembly obligations. These components ensure project completion by having the contractor responsible for creating a comprehensive design, using necessary technology, and constructing the complete facility ready for operation. The client's role in supporting the contractor with site access and permits, combined with detailed clauses on project specifications, timelines, and performance guarantees, helps ensure successful project delivery .
Guarantee clauses protect the client by obligating the contractor to correct any defects in the design or execution of the project. These clauses ensure that the contractor is responsible for meeting performance standards based on material quality and operational conditions. They shield the client from risks associated with defects, unless there is an explicit or implicit exemption in the contract. Guarantees are important for assuring the quality and functionality of the completed project, thus protecting the client's investment .
In a turnkey contract, the contractor's primary responsibilities include obtaining the necessary permits and licenses, designing the plant, executing the construction of the turnkey project, and correcting any defects that may arise according to the contract. Additionally, the contractor must provide the client with operating and maintenance manuals for the plant .
