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The author is a Partner with the leading City law firm of Theodore Goddard. He specializes in and has wide experience of: PFI projects, variously acting for both private sector and public sector parties; dealing with construction and engineering contracts; advising developers, owners contractors, subcontractors and consultants.
PFI has assumed great importance for the construction industry and the public sector. This book guides readers through this vitally important area of such projects.
Contents
INTRODUCTION - Background to the PFI; Outline (including diagrams) of typical PFI transactions; The importance of construction and design issues in a typical PFI contact
CONSTRUCTION ISSUES ON CONCESSION CONTRACTS - Programming issues (the public sector only start paying when the Facility is Available); the significance of build/design phase in terms of project risk; Force Majeur; Relevant Events; Extensions of time; The role of technical advisors (public sector/consortium/banks)
FLOW DOWN OF RISK TO SUB-CONTRACTS - The SPV needs to "off load" all risks; allocation of such risks; Construction/design; flow down of all risks contained in the concession contract, but the sub-contract will be in more detailed form; flow down difficulties - eg, where there is a change of contractor, designer or where that party is not a member of the consortium or bidding team
USE AND ADAPTATION OF STANDARD FORUMS
BESPOKE CONTRACTS
COLLATERAL WARRANTIES
BANK DIRECT AGREEMENTS
DESIGN ISSUES - Design and build; Separate contracts/use of lead consultants
CONSORTIUM AGREEMENTS
INTERFACE WITH FACILITIES MANAGEMENT AND OTHER SERVICE AREAS IN THE FIELD OF PFI - The hand-over phase; Life cycle costings/maintenance;
Performance Payment Systems
DISPUTE RESOLUTION - Alternative methods of resolution (litigation/arbitration/mediation/ADR/adjudication); Impact of the adjudication provisions of the Housing Grants Construction and Regeneration Act 1996;
Possible inconsistencies between senior and junior contracts
OTHER CHALLENGES IN PFI/CONSTRUCTION CONTRACTS - Pay when paid clauses |