ألكسندر فوفك

Contract and legal support of projects pursued by Daelim with various Russian Clients: Gazprom, SUBUR, Gazpromneft, etc.:

- Review proposed T&Cs for EPC, EPCm, EPs, Cm and other types of work/services contracts;
- Identify contractual risks, and exposure to onerous terms; propose risk hedge plan including specific risk mitigation measures;
- Prepare qualifications/comments to proposed T&Cs, justify with reliance on legal norms and/or authoritative courts' rulings (by Supreme Arbitrazh Court of Russia, Supreme Court of Russia);
- Negotiate and follow up of raised qualifications/deviations with clients via teleconferences and in direct meetings until full close out;
- Write contractual wording for inclusion into finalized contract documents;
- Review, comment NDAs, LOIs, MOUs, CAs, etc. and follow up until close out;
- Provide ad-hoc legal advises on various legal issues.

Post-award contract management (Gazpromneft EPCm contract):

- Management of various types of claims (EOT claims; claims for variations, claims for additional payment due to prolongation, disruption claims); Develop claim strategies, write bilingual narratives (with focus on cause, effect, entitlement & substantiation), follow up until settlement with client;
- Defend against the client's counter claims and back-charges;
- Write contractual wording of various amendments;
- Write bilingual contractual letters.

Miscellaneous projects support and advising:

- Carry out cold eyes reviews of existing Daelim's claims' entitlements and merits (for MENA region projects: SHFP Kuwait, SRIP Oman);
- Prepare Special Terms and Conditions for Subcontract Agreements, various projects on as-required basis;
- Study recent English courts' rulings (e.g. Triple Point vs PTT \[2019\] - on operation of delay LDs clause in termination/abandonment cases) and propose revision and/or alternative wording to standard form Subcontract Agreement for hedging risk exposures.

Client: Emirates Global Aluminium (EGA) PSJC,
Location: UAE, KIZAD Abu Dhabi
Project: Al Taweelah Alumina Refinery Project, (2.7 billion USD)

Contracts formation and administration activities: contract strategies formulation in coordination with area management, preparation tenderers lists, pre-qualification of tenderers, developing eRFP documents, issuing and administration of eRFP, writing & issuing of addenda to tenderers, coordination/chairing pre-bid & bid presentation meetings, coordination site visits, commercial
evaluation of received bids in close coordination with Project Controls, negotiations with preferred contractors, resolution of bidders' comments to T&Cs, writing Letters of Recommendation and for the Client, preparing contract packages for execution; administration of awarded contracts, continuing reviews of work progress, heading on-site progress review meetings, resolution of changes in coordination with responsible discipline
engineers/area management, negotiations with contractors, electronic variation orders (VO) document flow management and presentation of VOs to Capital Projects Committee, preparation of final VOs documents for execution, writing
letters to contractors, maintaining correspondence flow database with special focus on timely responding of action items, contract compliance review of invoices, processing payment applications/invoices via network payment tool.

Client: Abu Dhabi Company for Onshore Oil Operations (ADCO)
Location: UAE, Sharjah
Project: Expansion of Bab Gas Compression Project (Phase-2) (524M USD)
Post-award prime contract administration: writing letters in coordination with responsible
discipline engineers, auditing correspondence flow to ensure that clients letters/action
items received due responses through to closeout; resolution of comments & deviations
to T&Cs of purchase contracts, site services & logistics services agreements; assisted
project management team with understanding legal and contractual requirements,
advise project management team on contractual conflicts and advise mitigation variants;
evaluate, verify and prepare defenses to claims, prepare counter claims and defend in
coordination with discipline engineers and responsible buyers as appropriate.

Client: KLPE LLP
Location: UAE, Sharjah
Project: Design, Engineering & Construction in Relation to Integrated Petrochemical Complex Project - Phase 2, Tengiz and Karabatan, Kazakhstan (77M USD)

Post-award contract administration of prime contract, consortium agreement, bridging
agreement and JV agreement and early works subcontracts. Prepared Project Special
Terms and Conditions for early works construction and technical services subcontracts;
wrote change orders to prime contract and early works subcontracts; leading negotiations on T&Cs of technical services subcontracts (FEED
materials adaptation to Kazakhstan state requirements (“Stadya Proekt”), ESIA studies,
geotechnical & survey works contracts); administration through to closeout via early
termination for convenience; writing termination agreements and carrying out all necessary close out formalities.

Client: State Concern Turkmengas
Location: UAE, Sharjah
Project: EPC Turnkey Project for Engineering and Construction of Sulphur
Refining Facilities for South Yoloten Gas Field (3.4 billion)
Post-award contract administration, wrote letters in close coordination with responsible discipline engineers, leaded negotiations with international suppliers on deviations to GTCs, STCs of POs; in joint
project team effort negotiated commercial terms and T&Cs of subcontract with Ukrainian subcontractor for construction of railway spur, mitigated discrepancies, disagreements and disputes on contractual and legal matters with CIS suppliers with particular focus on
liabilities and indemnities, risk exposures, insurances, PBGs, APGs, parent company
guarantees requirements; consolidated resolutions pertaining to agreed modifications of
GTCs, STCs, and site services agreements in contractual exhibits for incorporation into
POs and subcontracts, wrote change orders and contract/subcontract amendments of
various types; in coordination with discipline engineers and responsible buyers evaluate
and resolve claims, prepared counter claims and back charges, at a later stages
performed a focal point to coordinate execution of Provisional Acceptance Certificates,
prepared bilingual execution copies of PACs & consolidated

At the projects:
*Concept Selection Project Development
Client: TNK-BP Holding
*Provision of Engineering Services for Define Phase of Verkhnechonskoe Full Field Development Project
Client: Verkhnechonskneftegaz (TNK-BP Subsidiary)
*Expert Assessment of Conceptual Design of West Qurna Development Project
Client: Lukoil Overseas
Location: Russia, Moscow, Irkutsk, Stavropol

Management of KBR/Granherne Contracts department in Moscow, Russia; due diligence
check of potential bidders/counterparts; assemble/issue RFQs, performed formation and
administration activities of various contracts and subcontracts placed by Moscow office,
negotiation of commercial terms and T&Cs, wrote bilingual contracts/subcontracts and
amendments, maintained correspondence flow with clients/subcontractors, assisted
Project Management Team with understanding of legal and contractual requirements,
providing insight to local supply markets, business culture requirements, and related
strategies for effective business, in coordination with management and disciplines heads
leaded dispute resolutions and arbitration proceedings; ensured compliance with KBR
Procurement Work Methods and Subcontracts Business Practices by Moscow office.

Owner: SEIC,
Location: Netherlands, Russia
Project: Integrated Development of Sakhalin-2, Phase 2
Formation and administration of 0ver 50 multi-valued SEIC Approvals Team’s contracts -
mainly with Russian approvals authorities, environmental agencies & commercial
contractors for procurement of environmental permits, water use licenses, fishery &
forestry permits, permits for installation of offshore production platforms, approvals for
soil dumping, auditing of TEOC materials for State Expert Review, various environmental
impact assessments studies, organization of public hearings, industrial safety expertise,
re-classifications of forest lands into lands of other categories. Screening prospective
contractors, pre-qualification, prepare contracting strategies and contracts plans in
coordination with management and disciplines engineers, prepare ITT documents and
assemble ITT packages for distribution to tenderers, administration of tenders,
coordination of pre-bid, bid presentation meetings, prepare commercial evaluation and
consolidation of recommendations for award, presentation to SEIC Tender Board
(located in Sakhalin) via video conferences; negotiation with successful tenderers and
contractors, writing contracts and contractual documents, amendments, perform contract
compliance review of invoices, approval of invoices in SAP, working in SAP from creation
of purchase requisition thru to approval of commitments per given authority level,
resolution of claims, reconciliation of payments for close out, carrying out other required
formalities for contracts close out, evaluation of contractors to provide feedback on
performance and areas of improvement to Russian Content team, working in close coordination with Engineering, Construction, QA/QS, HSE, Legal, Project Controls, Tax, Russian Content departments of SEIC.

Owner: CPC-R ZAO, Operations Services
Location: Russia, Moscow
Project: Caspian Pipeline Project (CPC)
Contracts formation and administration for the purposes of Engineering and Planning
Department of CPC Operations.

Client: Caspian Pipeline Consortium
Location: Russia, Moscow & Krasnodar
Project: Caspian Pipeline Project (3.2 billion USD)

Contracts formation and administration for a segment of CPC Project - Russia Pump Stations Project, which involved construction of one new and refurbishment of two existing pump stations located at the Russian territory.