In the third installment of Addleshaw Goddard’s four-part webinar series on Hot Toppics in PFI/PPP Projects, HKA’s Gerry Brannigan joined Addleshaw Goddard’s Philip Withey, Managing Associate and Claire O’Shaughnessy, Director – Real Estate Team at Deloitte to deliver this well attended webinar. The session focused on the end of PFI/PPP project agreements and on the duties responsibilities and risks surrounding the handback process for all parties involved.
Gerry examines the potential risks and concludes that these risks point directly towards a recommendation for the parties to work collaboratively, agreeing timescales, responsibilities and scope to assess the assets. This will allow the parties to develop a contract expiry plan and for the authority to understand its obligations before and after the expiry.
Gerry and the HKA team has been involved in many disputes across different PFI/PPP projects with provision of opinions ranging from different types of damage caused by leaking pipework, non-compliant ventilation systems and specifications, poor workmanship and operational management of the facilities. In the coming years, HKA considers that PFI expiry and handback is likely to be one of the key future areas of disputes in this market.
The challenging times lie directly ahead for many of these contracts. The action is not only with all of the PFI and PPP stakeholders, but all parts of the supply chain must be willing and proactive in dealing with the risks as the projects come towards their expiry. So, rather than retrench to siloed positions, now more than ever is the time for all stakeholders across the supply chain to collaborate, share knowledge, and set a new standard in effective handback.
Recorded: 21 January 2021
Please click here to view the full Addleshaw Goddard PFI/PPP webinar series, including ‘Changes of Law in the Context of Changes to Fire Safety Legislation’ and ‘Termination – the Ultimate Sanction’.
