ENAA MODEL FORM

ENAA Model Form-International Contract for

Process Plant Construction in 1 CD Item ID: INT-000004

Power Plant Construction in 1 CD INT-000007

Engineering, Procurement and Supply for Plant Construction in 1 book and 1 CD-ROM INT-000009
>>> ORDER FORM is available at the bottom of the page <<<
The fourth edition of the ENAA Model Form-International Contract for Process Plant Construction (Turnkey Lump-sum Basis) was published in 2023, revising the 2010 edition. The 1986 edition, which is the very first edition, the 1992 edition and the 2010 edition have all been well received by both the Owner and the Contractor in the engineering and construction fields, and widely used in many plant projects throughout the world.
The third edition of the ENAA Model Form-International Contract for Power Plant Construction (Turnkey Lump-sum Basis) was published in 2026, revising the 2012 edition which was the revision to the 1996 edition firstly published to meet the growing needs for an international contract model form for construction of power plants.
The second edition of the ENAA Model Form-International Contract for Engineering, Procurement and Supply for Plant Construction (EPS type contract) was published in 2013, revising the 2007 edition which was published to fulfill the need for a model form for EPS type contract.
In preparing these Model Forms, ENAA extensively referred to, and took into consideration, the comments, recommendations, advice and suggestions of various sources such as the World Bank, and other major financing institutions, potential customers and contractors, and other relevant organizations inside and outside Japan. The Model Forms also received a thorough check by international law firms.
Compiled with flexibility and fair and reasonable balance between the Owner and the Contractor on the various risks involved in international projects, ENAA Model Form is intended for a wide range of users, including in-house legal and sales personnel and those who are involved in the various phases of actual project implementation.
Process Plant Model Form
The Model Form for Process Plant Construction is the core of ENAA's series of Model Forms, and since its first edition, it has been highly acclaimed by the industry and used extensively for international projects related to construction of process plants. With some modifications, it has also been used as the General Conditions of Contract for the World Bank's Standard Bidding Documents "Supply and Installation of Plant and Equipment".
The revisions to the 2010 edition adopted in the 2023 edition are made in the light of many invaluable comments from a large audience. More than ten years have passed since we brought out the 2010 edition. During that period, there has been a continuing trend towards seeking greater clarity in the allocation of risks and responsibilities. It is important that a Model Form of Contract such as this one should accommodate the latest developments in construction law and changes in society and industry. We felt it was our duty to respond to such needs of the industry by producing a revised version to fulfill such needs.
ENAA considered many factors in preparing this 2023 edition but tried to maintain the risk allocation envisaged in the first, second and third editions thus limiting the possibility of any confusion among the users accustomed to using the previous editions.
Please also note that this edition does not include "Appendix" or "Work Procedures" such as were provided in the 1992 edition other than Appendix 8 "Form of Bonds". Appendix 8 "Form of Bonds" has been revised this time and is contained in this edition. Reference to the various Appendices and to the Work Procedures is retained, but it is now thought preferable that these be prepared by the parties on a project-specific basis rather than according to prescribed forms (although the Model Form will be available in a CD format, and the CD will include the 1992 Edition, with its Appendices and Work Procedures, which may be useful for reference).
Contents - Process Plant Model Form - 2023 Edition:
| Form of Agreement | |
| General Conditions | |
| Part I | Contract and Interpretation |
| Part II | Subject Matter of Contract |
| Part III | Payment |
| Part IV | Intellectual Property |
| Part V | Work Execution |
| Part VI | Guarantees and Liabilities |
| Part VII | Risk Distribution |
| Part VIII | Change in Contract Elements |
| Appendix 8 | Form of Bonds |
| Guide Notes | |
| Chapter I. | The General Concept of the ENAA Model Form |
| Chapter II. | Guide Notes for Agreement |
| Chapter III. | Guide Notes for General Conditions |
| Chapter IV | Application to the case where No Process License is required from Contractor |
Power Plant Model Form
In the course of preparation of the ENAA Process Form, it was recognized that there was a growing need for a model form of an international contract for power plant construction. It was also recognized that power plants are a fundamental part of the infrastructure of industrial society and also play a major role in the development of society in general, and of industry in particular, in developing countries.
In drafting the first edition of this Model Form, ENAA had endeavored to incorporate some ideas, which were fair, impartial and practical, but not generally contained in other model forms for power plant construction contract. It made this Model Form, we believe, all the more useful for all related parties.
The revisions to the 2012 edition adopted in the 2026 edition are made in the light of many invaluable comments from a large audience. More than ten years have passed since we brought out the 2012 edition. During that period, the environment surrounding power plant construction has significantly changed; in particular, the global movement toward decarbonization has shifted the focus from conventional fossil fuel-fired power plants to renewable energy facilities such as solar and onshore wind power generation.
ENAA considered many factors in preparing this 2026 edition but tried to maintain the risk allocation originally envisaged in the 2012 edition. At the same time, provisions reflecting circumstances unique to renewable energy power plants have been introduced, and certain clauses are differentiated depending on the type of plant to be constructed, thus limiting the possibility of any confusion among users accustomed to using the previous editions. ENAA’s intention in undertaking the present review has been that the Model Form for Power Plant Construction can henceforward be applied not only to conventional fossil fuel-fired power plants but also to renewable energy power plants, thereby responding to the evolving expectations of users.
Please also note that this edition does not include the Appendices provided in the 1996 edition other than Appendix 8 "Form of Bonds". Appendix 8 "Form of Bonds" has been revised this time and is contained in this edition. All other Appendices of the 1996 edition are intended to remain in use with this edition unchanged. For Work Procedures, except WP 10, please the Process Plant 1992 edition as a reference. (The 2026 edition will be available in a CD format, and the CD will include Appendices of the Power Plant 1996 edition and Work Procedure of the Process Plant 1992 edition, which may be useful for reference.)
Contents - Power Model Form - 2026 Edition:
| Form of Agreement and General Conditions | |
|---|---|
| Form of Agreement | |
| General Conditions | |
| Part I | Contract and Interpretation |
| Part II | Subject Matters of Contract |
| Part III | Payment |
| Part IV | Intellectual Property |
| Part V | Work Execution |
| Part VI | Guarantees and Liabilities |
| Part VII | Risk Distribution |
| Part VIII | Changes in Contract Elements |
| Guide Notes | |
| Chapter I | The General Concept of the ENAA Model Form |
| Chapter II | Guide Notes for Agreement |
| Chapter III | Guide Notes for General Conditions (GC) |
EPS Model Form
Before ENAA published its Model Form for Engineering, Procurement and Supply (EPS) type contract first in 2007, ENAA had published 2 sets of Model Forms for use in international turnkey contracting, namely the "ENAA Model Form - International Contract for Process Plant Construction" (the 1992 edition, revising the 1986 edition); and the "ENAA Model Form - International Contract for Power Plant Construction" (the 1996 edition).
Those Model Forms are on a turnkey lump sum basis, as are most popular model forms of international construction contract published by other organizations. A further type of contract still used in many cases for international construction projects for process plants, power plants and other forms of industrial plant is the EPS type contract, for which only a limited number of model forms exist. ENAA noted the need for a model form for EPS type contract and in 2007 published the "ENAA Model Form-International Contract for Engineering, Procurement and Supply for Plant Construction (the ENAA EPS Model Form first edition). Since then, ENAA has published revised versions of both of its sets of Model Forms for turnkey plant construction contracts; the International Contract for Process Plant Construction 2010 edition and the International Contract for Power Plant Construction 2012 edition. It was a natural decision by ENAA that the EPS Model Form first edition should be revised so as to be in harmony with such ENAA turnkey Model Forms.
Please also note that, as in the case of the previous 2007 edition, this 2013 edition does not include any "Appendix" other than Appendix 8 "Form of Bonds". Appendix 8 "Form of Bonds" has been revised this time and is contained in this edition. For all other Appendices, please refer to the Appendices attached to the ENAA Model Form 1992 edition for Process Plant Construction, although appropriate amendments are required to certain Appendices in view of the different contract scheme.
Contents - EPS Model Form:
| Agreement | |
|---|---|
| General Conditions | |
| Part I | Contract and Interpretation |
| Part II | Subject Matter of Contract |
| Part III | Payment |
| Part IV | Intellectual Property |
| Part V | Work Execution |
| Part VI | Guarantees and Liabilities |
| Part VII | Risk Distribution |
| Part VIII | Change in Contract Elements |
| Schedule 1 | Delivery Certificate |
| Schedule 2 | Substantial Delivery Certificate |
| Schedule 3 | Acceptance Certificate |
| Guide Notes | |
| Chapter I. | General |
| Chapter II. | Guide Notes for Agreement |
| Chapter III. | Guide Notes for General Conditions |
>>ENAA Model Form ODER FORM (for customers in a country other than Japan)
>>ENAA Model Form ODER FORM (for customers in Japan)
Note:
(1) We only accept bank transfer.
(2) Companies or individuals with addresses in Japan can only place orders in Japanese Yen.
(3) Companies or individuals with addresses outside Japan can only place orders in US Dollars.