IMCA’s Marine Construction Contract Revised

IMCA press release
Tuesday, July 10, 2012
IMCA’s Chief Executive, Hugh Williams.

The International Marine Contractors Association (IMCA) has published a variety of guides, templates and discussion documents aimed at raising awareness on contracting issues (including liability and insurance), promoting discussion and providing tools that may be useful for its contractor members, their clients and sub-contractors. All are subject to revision to ensure usefulness to all stakeholders and that it just what has happened to a key document – ‘IMCA Marine Construction Contract’, with revision to others relating to offshore survey and ROV work in the pipeline. All are designed to aid clients and contractors alongside their in-house standard contracts and other industry publications.


The IMCA Marine Construction Contract is a worldwide standard contract for use by any party as appropriate. It is based on the well established LOGIC contract 'General conditions of contract (including guidance notes) for marine construction', which was published for use in the UK. The IMCA Contracts & Insurance workgroup drafted the original (and updated) version for worldwide use. It is based on English law, but this can be varied to suit users.  It is particularly useful where the parties do not have an ‘in-house’ contract which is often the case for smaller companies and in new regions.  The update provides a number of small clarifications and amendments to the wording.
“Our work on contracts has been very much at the forefront in recent months,” explains IMCA’s Chief Executive, Hugh Williams. “Not only have we revised our Marine Construction Contract, but held an ‘Allocating Risks’ seminar attended by around 70 delegates, most with legal or insurance responsibility for oil companies, contractors or advisers; and we also issued a questionnaire about our contracts work to our contractor and corresponding oil company members which has resulted in most welcome feedback.
 

“Naturally it is important to keep in step with what is going on in the industry, and ‘Allocating Risks’ certainly did this, highlighting changes in pollution legislation, liability and risk allocation in current projects especially in contracts changed post Montara/Macondo.
 

“Our publication ‘General Contracting Principles’ – updated a year ago – was the subject of a presentation by Barbara de Roo, of Heerema Marine Contractors who chairs the IMCA Contracts and Insurance Workgroup.  She looked at a contractor’s approach to ‘risk allocation’, what risks a contractor covers, and what risks a contractor cannot bear, or cannot get insured. We also had the perspective from an oil company (Tom Shiel, Senior Consultant, INDECS Consulting), from a P&I club (Robert Dorey, Offshore Syndicate Director, The Standard Club) and from lawyers (Toby Stephens/Diana France, Holman Fenwick and Nathalie Louys of Subsea 7), while Michael Walls of Marsh looked at the allocation of risks as seen by a broker.
 

“Allocating risk in a contract is critical to safe and efficient delivery of a project; good understanding between the parties; avoidance of overlaps and gaps; focusing appropriately on risk management; and creating clarity in the event of incidents.  Almost all speakers identified that lack of clarity costs money. This seminar and associated workshop is one of a series aimed at improving understanding and dialogue and moving the industry forward – as with so many events, the networking time amongst a seemingly unique gathering of specialists, is invaluable,” adds Hugh Williams.
 

“The next in publication dealing with contracting will be the updated Contract for the Provision of ROV, Support Vessel and Associated Work (based on BIMCO SUPPLYTIME 89) – IMCA R 013 Rev, 1 and a new second publication based on BIMCO SUPPLYTIME 2005, which is used by many members. Where existing publications are used as daily worktools, it makes sound sense to incorporate these, with relevant revisions, into the IMCA contracting ‘library’. All such documents are free to download for members and non-members alike.”
 

  • Feedback from IMCA contract questionnaire
     

In February a questionnaire was issued to all IMCA contractor and corresponding oil company members seeking feedback on the association’s contracts work. The resulting data indicates that members are aware of the contract documents published by IMCA and that most use some parts to support their work. They requested more IMCA contracts publications for other disciplines and phases of work.


IMCA’s contract materials are online at www.imca-int.com/documents/contracts and comprise IMCA Marine Construction Contract Rev. 1; IMCA Decommissioning Contracting Principles; IMCA General Contracting Principles Rev. 1; Guidelines on Identifying and Assessing Risk in Construction Contracts; and sector-specific publications relating to offshore survey and remote systems and ROV. “Every IMCA member is, of course, free to negotiate their own terms, qualify such contracts and to make use of the principles should they wish to do so in order to achieve a contract satisfactory to both parties,” explains Hugh Williams. “Our contracting publications, like our technical ones, are published to help deliver safety and efficiency in our industry.”
 

Full information on IMCA’s activities can be found at www.imca-int.com and area available from IMCA, 52 Grosvenor Gardens, London SW1W 0AU, UK. Tel: +44 (0)20 7824 5520; Fax: +44 (0)20 7824 5521; email: imca@imca-int.com.
 

Maritime Reporter March 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Contracts

Shipping Turns From Banks to Equity Markets for Cash

Shipping companies are turning to equity markets to fill a growing funding gap, betting that investors hungry for decent returns will provide capital to a sector

Keel-Laid for Navy's 10th LCS at Austal Yard

The Navy and Austal USA held a keel-laying ceremony for the future 'USS Gabrielle Giffords', the Navy's 10th littoral combat ship (LCS), in Mobile, Ala., informs

Havyard to Build Hybrid Battery Arctic PSV

Norway's Havyard says it has signed a contract for the construction of a Havyard 833 WE ICE platform supply vessel with Fafnir Offshore HF. The vessel is to be

Legal

Korean Ferry Captain's Detention Could Extend As Death Toll Mounts

South Korean prosecutors investigating a ferry disaster said on Sunday they would seek to extend the detention of the ship's captain and two other crew by 10

Reports: Brazilian Tycoon Batista Investigated For Financial Crimes

Brazils federal police have opened an investigation into former billionaire Eike Batista for financial crimes, including insider trading, manipulation of markets and money laundering,

Shell Commited To Russia Expansion Despite Sanctions

Royal Dutch Shell is committed to expansion in Russia, Chief Executive Ben van Beurden told Russian President Vladimir Putin at a meeting on Friday amid sanctions

Offshore

Coast Guard tactical air squadron holds change of command ceremony

Capt. Kevin P. Gavin relieved Capt. Donna L. Cottrell as commanding officer of Coast Guard Helicopter Interdiction Tactical Squadron Jacksonville during a change of command ceremony at HITRON Friday.

Shell Commited To Russia Expansion Despite Sanctions

Royal Dutch Shell is committed to expansion in Russia, Chief Executive Ben van Beurden told Russian President Vladimir Putin at a meeting on Friday amid sanctions

Russia Ships First Oil From Offshore Arctic Platform

President Vladimir Putin hailed Russia's first shipment of Arctic offshore oil on Friday, saying the platform decried by environmentalists will help Moscow expand its global energy markets share.

Finance

Saudi SABIC Q1 Profit Falls 1.8 % On Product Prices

Profit at Saudi Basic Industries Corp (SABIC), one of the world's biggest petrochemical firms, slipped 1.8 percent in the first quarter of this year as lower

India's Reliance Q4 Sales Rise

Indian energy company Reliance Industries Ltd posted nearly flat fourth-quarter profits, in line with estimates, as a slimmer margin in its oilrefining business offset higher revenue.

Schlumberger Announces Q1 Results

Schlumberger Limited (NYSE:SLB) today reported first-quarter 2014 revenue from continuing operations of $11.24 billion versus $11.91 billion in the fourth quarter of 2013, and $10.

News

Saudi SABIC Q1 Profit Falls 1.8 % On Product Prices

Profit at Saudi Basic Industries Corp (SABIC), one of the world's biggest petrochemical firms, slipped 1.8 percent in the first quarter of this year as lower

Korean Ferry Captain's Detention Could Extend As Death Toll Mounts

South Korean prosecutors investigating a ferry disaster said on Sunday they would seek to extend the detention of the ship's captain and two other crew by 10

First Bodies Recoved From Sunken Ferry

South Korean divers retrieved three bodies from inside a sunken ferry overnight, officials said on Sunday, the first time they have been able to gain entry to the passenger section of the ship.

Insurance

InterManager Welcomes New Protection for Seafarers

InterManager said it welcomes the adoption of new measures to protect seafarers against abandonment. Amendments to the Maritime Labour Convention 2006, agreed

S.Korean Ferry Master Faces Investigation

The captain of the South Korean ferry that capsized off the southwest coast was facing a criminal investigation on Thursday, an official said, amid unconfirmed

South Korean Ferry Incident Update

Almost 100 ships, 18 helicopters involved in rescue; as many as 340 people from one school thought to be on board. Accident may be South Korea's biggest in 20 years.

P&I Clubs

S.Korean Ferry Master Faces Investigation

The captain of the South Korean ferry that capsized off the southwest coast was facing a criminal investigation on Thursday, an official said, amid unconfirmed

South Korean Ferry Incident Update

Almost 100 ships, 18 helicopters involved in rescue; as many as 340 people from one school thought to be on board. Accident may be South Korea's biggest in 20 years.

Ultra Deepwater Rig Towed 11,500 Miles

Fairmount Marine towed Sevan Louisiana to Curaçao Tug Fairmount Sherpa towed rig Sevan Louisiana safely from Singapore to Curaçao. During the 11,500 miles voyage via Cape of Good Hope,

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Naval Architecture Navigation Pipelines Pod Propulsion Ship Electronics Sonar Winch
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1608 sec (6 req/sec)