Contract Reviews

The Review Process

Every Obligation Identified Before Work Begins

The contract is a legal instrument. It imposes binding obligations on both the Contractor and the Employer. COMAPS treats it as such — reading every clause with precision, identifying every obligation, and establishing who bears it and how compliance will be demonstrated.

On a major EPC contract, the Employer's Requirements alone comprise 26 volumes of binding technical, management, and compliance specifications. Each must be read in full, cross-referenced, and translated into actionable obligations before the mapping phase can begin. Experience in contract review — knowing what to look for and where risk is typically understated — is what separates a functional compliance framework from one that fails under scrutiny.

COMAPS applies a six-point review methodology to every contract engagement. No clause is read once and filed. Every obligation is interrogated for its purpose, its standard, its application, its timeline, its authority, and its method of compliance.

Six-Point Review

Reading Every Obligation Through Six Lenses

The COMAPS Contract Compass is applied to every clause. Each of the six lenses surfaces a different dimension of the obligation — ensuring that nothing is misunderstood, misassigned, or left without a defined method of verification.

Purpose

Why

Why does this obligation exist? Understanding the intent behind each clause prevents misinterpretation. An obligation read without context is an obligation mismanaged.

Standard

What

What exactly is required — scope, quality, format, and level of detail? Defined before execution begins, not interpreted under programme pressure when it falls due.

Application

Where

Where does this obligation apply — in the design, on site, offsite, or in the contract documentation? Location determines the responsible party and the verification method.

Timeline

When

When must it be delivered? Sequence, dependencies, and lead times mapped against the Baseline Schedule — not estimated on the day the deadline is missed.

Authority

Who

Who is responsible, and who has authority to accept? Every obligation is assigned to a named party. Every acceptance is issued by a named individual. Ambiguity of ownership is a contract risk.

Method

How

How will it be executed and how will compliance be evidenced? Process, procedure, and formal record — so that compliance is demonstrable to any external party, not merely asserted.

The Employer's Requirements

A Suite of Binding Obligations — Not a Reference Library

On a major international EPC contract, the Employer's Requirements comprised 26 volumes — from overarching scope and design obligations through to discipline-specific technical specifications, performance testing, health and safety, environmental and social compliance, site security, and local employment obligations. Each volume contains dozens of clauses. Each clause imposes a specific obligation on one or both parties.

COMAPS reads every volume in full. The review process establishes which clauses are informational, which require a formal Contractor submission, which require Employer review and approval, and which constitute contractual Hold Points — mandatory gates that cannot be passed without written acceptance. This analysis is the prerequisite to the mapping phase. No checklist can be built from a contract that has not been read with this level of rigour.

What the Review Establishes

The complete inventory of Contractor obligations across all volumes
The corresponding Employer obligations — review, approval, and provision of information
All mandatory Hold Points — clauses where formal written acceptance is required before works proceed
All submittal requirements — plans, programmes, ITPs, RAMS, reports — with their contractual deadlines
All inter-volume dependencies — obligations in one volume that condition obligations in another

What the Review Prevents

Volumes acknowledged as received but never systematically read
Technical specifications that are binding but never enforced
Hold Points that exist in the contract but are not identified until after the works have passed them
Submittals that are contractually required but never requested by the Employer
Compliance claimed at project close-out without evidence that the obligation was ever actioned

CMT Mandate

Delivering the Contract as it was Intended

The CMT's mandate is contract administration — not directing the works, but verifying, validating, and assuring the Contractor's compliance at every phase. The following table defines what COMAPS requires at each stage of the PPVC lifecycle. These requirements are established at the contract review stage and do not change as the project progresses.

Phase	CMT Mandate	Contractor Obligation	Verification Evidence
PLAN	Review and approve all Contractor management plans, RAMS, and ITPs as Hold Points. Confirm that the Contractor's compliance framework references the governing ER clause in every submittal.	Submit all plans on the contractual schedule. Reference ER clause numbers in every submittal. Obtain CMT approval before commencing any activity to which the plan applies.	Written CMT approval of each plan. Distribution log. Signed Employer acknowledgements filed in EDMS.
PERFORM	Monitor the Contractor's activities against approved plans. Attend Hold Points and Witness Points. Record all site observations in daily diaries uploaded to EDMS within 24 hours.	Cooperate fully with CMT oversight. Provide advance notice of all Hold Points and Witness Points. Issue NCRs immediately for any deviation from an approved plan or ITP.	Daily diary EDMS uploads. ITP sign-offs. NCR register. Weekly meeting minutes with actions recorded.
VALIDATE	Inspect completed works. Review test results, as-built records, and NCR close-out evidence. Confirm compliance with all applicable ER clauses before issuing formal acceptance.	Submit objective evidence for every completed activity. Provide root cause analysis and corrective action records for all NCRs. Do not proceed until CMT re-inspection is complete.	Root cause analysis reports. Corrective action evidence. Re-inspection records. Signed test certificates.
COMPLETE	Issue formal acceptance or rejection against each ER checklist section. Sign off all 26 compliance volumes. Recommend Taking-Over Certificate only when all compliance conditions are satisfied and all outstanding deficiencies are resolved.	Submit final as-built records, O&M documentation, and a complete close-out evidence package. Compliance is evidenced — not self-declared.	ER checklist sign-offs across all 26 volumes. As-built programme. Final NCR closure report. CMT acceptance letter to Employer.

Three-Party Coordination

Contractor · Employer · CMT — Defined Roles, No Overlap

On a major EPC contract, three distinct parties govern the execution process. The contract review phase establishes the precise role of each. COMAPS acts as the Employer's representative on site — all deliverables are reviewed by the CMT, all compliance decisions are issued by the CMT, and no works advance without CMT sign-off. The roles are contractually defined and not subject to informal modification.

EPC Contractor

Performs the works under the Contract. Prepares and submits all deliverables — plans, design documents, ITPs, and reports — through the EDMS. Responds to all CMT comments within the contractual review period. Obtains CMT acceptance before advancing past any Hold Point.

Role: Designer & Builder

Employer

Holds the Contract and defines requirements through the Employer's Requirements. Provides the project site, access, and approvals. Receives all completed works and project deliverables. Final authority on acceptance decisions, variations, and Taking-Over. Supported and advised by the COMAPS CMT throughout.

Role: Project Owner & Principal

COMAPS CMT

Administers the Contract on behalf of the Employer. Reviews and formally accepts or rejects all Contractor submissions. Issues Hold Point clearances, NCRs, and compliance decisions. Maintains the obligation register, design review register, and all compliance records in the EDMS.

Role: Contract Administrator & Gatekeeper

Comment Categorisation — Design Submissions

Category A — Accepted: Deliverable accepted without comment. Works or procurement may proceed on the basis of this submission.
Category B — Accepted with Comments: Deliverable accepted subject to incorporation of CMT comments before related works commence. Formal resubmission is not required unless specified.
Category C — Rejected: Deliverable does not satisfy the Employer's Requirements. Full resubmission required. Works may not commence. The review period for the resubmission is not extended beyond the original contractual timeline.

Pillars of Management Expertise

Twelve Management Pillars — Established Through Contract Review

The contract and its Employer's Requirements — taken together as a single binding instrument — define not only what must be built, but how it must be managed. Contract review surfaces twelve management pillars that run across every project phase and that are as legally binding as any technical specification. COMAPS identifies, registers, and owns each pillar from contract award to final closeout. Each is assigned a CMT lead. Each has a compliance checklist. Each is reported on at every progress meeting.

H&S Management

Method statements, RAMS compliance, incident reporting, emergency response, and H&S plan obligations — all identified and assigned at review.

ESG Management

ESAP obligations, environmental monitoring, community engagement, grievance mechanisms, and social reporting requirements across all project phases.

Quality Management

Quality Management Plan, ITP regime, NCR procedure, material approval process, and all quality assurance obligations mapped from contract documents to execution.

Schedule Management

Baseline Schedule obligations, programme submission requirements, progress reporting cadence, recovery plan provisions, and time-at-large risk identified and registered.

Risk Management

Risk register framework established, risk allocation between parties confirmed, and risk management plan obligations identified during the contract review phase.

Interface Management

Third-party interfaces — grid connection, lender's engineer, government authorities, and adjacent contractors — identified, obligations extracted, and interface register established.

Communications Management

Contractual communications protocol — notice formats, transmission methods, response periods, and distribution requirements — established and confirmed with all parties at mobilisation.

Change Management

Variation process, change order authority limits, change register obligations, and the contractual conditions precedent for a valid variation claim — all identified and documented before works commence.

HR Management

Local employment obligations, labour standards, key personnel approval requirements, competency verification, and HR reporting obligations extracted and assigned at review.

Security Management

Access control obligations, security plan requirements, personnel accreditation, and the protocol for security incidents — identified during contract review and formally documented in the administration procedures.

Commercial Management

Contract sum vs earned value, independent payment certificate assessment, substantiated deductions, variation account maintenance, and EDMS-based final account — all CMT-administered.

Stakeholder Management

Stakeholder register maintained, engagement actions logged, formal escalations tracked, and monthly stakeholder report issued to Employer — obligations identified and owned from contract award.

FIDIC Silver Book 2017 — Cl. 3 to Cl. 21

The CMT's Contractual Mandate — Clause by Clause

Under the FIDIC Silver Book 2nd Edition (2017), the Contractor bears single-point responsibility for the entire EPC scope. The Employer's Representative — the role COMAPS occupies — holds formal authority under Clause 3 and defined obligations across ten further clauses. Each clause below carries a specific CMT action. None are advisory. All are contractual.

Cl. 3 Employer's Representative

The CMT operates as the ER. Cl. 3.5 requires determinations to be made fairly, "taking due regard of all relevant circumstances." The ER is not deemed to act for the Employer on matters of determination — neutrality is a contractual obligation, not a choice. All instructions issued in writing; verbal instructions have no standing.

Cl. 4.1 / 4.2 Fitness for Purpose / Performance Security

Cl. 4.1 places design responsibility and fitness for purpose entirely on the Contractor, backed by an indemnity under Cl. 17.4. CMT verifies design intent at each Hold Point against the Employer's Requirements — not just the technical specification. Performance bond register administered; reviewed when contract price variations exceed 20%.

Cl. 5 Design Review & Acceptance

All design submittals reviewed and formally accepted, commented, or rejected. Basic Design and Detailed Design acceptance are mandatory Hold Points before construction commences. Comment categories enforced. Resubmission cycles tracked in the design register. No design is self-accepted.

Cl. 7 Plant, Materials & Workmanship

CMT enforces the ITP at every critical activity. Hold Points are not waived without written CMT acceptance; Witness Points are attended or formally waived. NCRs issued for all deviations from approved plans, specifications, or ITP requirements and tracked to evidenced closure through the full PPVC lifecycle.

Cl. 8 Programme, Delays & Suspension

Baseline Schedule approved as a Hold Point under Cl. 8.3. CMT independently validates progress against the programme. Cl. 8.4 introduces a reciprocal advance warning obligation. EOT claims assessed under Cl. 8.5. Delay damages cap (Cl. 8.8) tracked — carve-outs apply for fraud, gross negligence, and deliberate default.

Cl. 9 · 10 · 11 · 12 Completion Sequence

CMT gates the full completion sequence. Commissioning Plan accepted as Hold Point. Dry, wet, and performance tests witnessed; results certified. Taking-Over Certificate recommended only when all conditions are met. DLP defect notices issued in writing and remediation accepted. Performance LDs assessed under Cl. 12.4(b).

Cl. 13 Variations & Adjustments

No variation is executed without a formal written CMT instruction. CMT assesses cost and programme impact, reviews Change in Law entitlements against project-specific documents, and challenges any scope creep. Variation register maintained with agreed valuations. Employer may also instruct a decrease in Contract Price under changed law provisions.

Cl. 14 Contract Price & Payment

CMT reviews each payment application and provides supporting particulars for any deductions — mandatory under the 2017 edition. Earned value assessed independently of Contractor reporting. Advance Payment security expiry tracked. Cl. 14 requires the Contractor's Representative to be formally appointed before any payment is made.

Cl. 20.2 Claims — 28-Day Notice Rule

The 2017 edition equalises the time bar — it now applies to both Employer and Contractor claims. CMT must log all potential claim events, issue or respond to notices within 28 days of becoming aware, and maintain a fully evidenced claims register. Informal site communications, progress reports, and meeting minutes cannot substitute for formal Notices under Cl. 20.2.

Cl. 21 Dispute Avoidance/Adjudication Board

COMAPS maintains the contemporaneous evidence base that is the primary instrument of dispute avoidance. Every NCR, Hold Point record, site observation, and notice response is filed in the EDMS with a date stamp. If a matter reaches the DAAB, the CMT record is the Employer's position — built over months, not assembled retrospectively.

FIDIC Conditions of Contract for EPC/Turnkey Projects, 2nd Edition (2017), reprinted 2022 with amendments.

Hold Points

Mandatory Gates Across All Ten Project Phases

Hold Points are identified during the contract review and registered before works commence. They are contractual gates — works cannot proceed past a Hold Point without formal written CMT acceptance. COMAPS maps every Hold Point against the ten project phases, ensuring that the compliance framework is aligned to the actual execution sequence from Mobilisation through to Project Closeout.

01 · Mobilisation

CMT Deployment & Site Establishment
Contract Review & Pillar Assignment
PPVC Framework Activation
EDMS Establishment & Register Initialisation

Mobilisation is the foundational phase — the period between contract award and first substantive engineering activity. COMAPS deploys during Mobilisation: the CMT is established, the contract is reviewed in full across all twelve pillars, Hold Points are registered, the PPVC framework is activated, and the EDMS is initialised. Nothing substantive begins without this phase being closed.

02 · Engineering

Project Execution Plan
Baseline Schedule Approval
Design Criteria Memorandum
Basic Design Acceptance
Detailed Design Acceptance

03 · Procurement

Major Equipment Supplier Approval
Material Submittals Acceptance
ITP Acceptance (Procurement)
Factory Acceptance Test Sign-Off

04 · Construction

RAMS Approvals (all categories)
Foundation Inspection
Concrete Mix Design Acceptance
Construction ITP Sign-Offs

05 · Installation

Equipment Installation Readiness
Alignment & Levelling Certification
Pre-Energisation Inspection

06 · Mech. Completion

System Completion Certificates
Punch List Acceptance
Pre-Commissioning Test Approval

07 · Commissioning

Commissioning Plan Acceptance
Performance Test Acceptance
Taking-Over Certificate Recommendation

08 · O&M

Operations Handover Acceptance
As-Built Documentation Sign-Off
O&M Training Programme Completion

09 · DLP

Defect Notification Register Maintained
Annual Inspection Sign-Off
Defect Remediation Evidence Accepted

10 · Project Closeout

Final Account Agreement
Performance Certificate Issued
Close-Out Report Submitted & Accepted

The principle is absolute: follow-on works do not commence past a Hold Point without formal written CMT acceptance. Programme pressure is not grounds for waiver.

Administration

Contract Administration Procedures

Effective contract administration requires more than an understanding of the obligations — it requires a procedural framework that ensures compliance is tracked, documented, and demonstrable throughout the project lifecycle.

Contract reviewed in full with the Employer's project management team before mobilisation
Administration procedures prepared to facilitate each category of obligation — submittals, approvals, inspections, and reporting
All procedures linked to Baseline Schedule milestones — compliance timelines are not advisory
Procedures distributed to all parties with named focal points assigned to every obligation
ACTION, INFO, and HOLD POINT status applied at the clause level — no obligation left unclassified

Review & Establish

Complete review of all contract volumes with Employer's management team
Administration procedures drafted and circulated for confirmation before commencement
Compliance timeline linked to Baseline Schedule deliverables

Assign & Distribute

Focal points named and confirmed for every obligation and every volume
Procedures distributed to Contractor, Employer, and relevant third parties
Obligation register activated and baseline compliance status recorded

Track & Close

Compliance checklists generated and maintained as live management tools
Progress against each obligation reported at weekly and monthly meetings
Non-compliance formally documented and escalated through the contract process

Contract Reviews — COMAPS