PFI disputes
We offer valuable advice and support to public sector authorities with PFI contracts in their portfolios. With many PFI contracts approaching expiry, the risk of disputes arising has increased.
We provide a full support offering to assist contracting authorities in navigating risks, issues, and disputes throughout the full contract term. Combining our legal and commercial expertise, we help our clients identify solutions and avoid practical, contractual, or reputational risks. Our team of lawyers are able to guide our clients through each step of the dispute resolution process.
We have a team of specialists who routinely advise clients on the full range of disputes arising in the context of private/public partnerships and privately financed projects and infrastructure, including:
- payment mechanisms, adjustments and deductions;
- key performance indicator failures;
- self-monitoring and reporting;
- service and maintenance failures;
- design and construction defects and deficiencies;
- financial modelling;
- service benchmarking;
- variations;
- lifecycle;
- termination; and
- project expiry / handback.
“Thank you and your team for your work this year, it’s been a pleasure working with you and just to say thank you for the professional and friendly service you provide.”
Featured experience
Local authority: Street lighting
A multi-million pound dispute with its service provider under a street lighting PFI agreement which has involved two adjudications and referring the matter to arbitration (with 23 issues to be determined).
Government department: Roads
Various contractual disputes together with contract interpretation queries arising out of its trunk road contract, including:
- handback / expiry processes;
- alternative proposals;
- department’s change process (service variations);
- delegation of responsibilities to the service provider; and
- additional work.
Local authority: Waste
Advising in respect of the valuation of compensation owed upon the termination of a private finance initiative contract which they entered into with a joint venture for the design, construction and operation of a waste treatment facility and gasification plant with additional waste management services.
NHS trusts: Hospitals
Advising numerous NHS hospital trusts regarding the operation of PFI hospital facilities including building defects, mechanical and electrical engineering issues and ongoing facilities management disputes.
Testimonials
“Thank you and your team for your work this year, it’s been a pleasure working with you and just to say thank you for the professional and friendly service you provide.”
"I just wanted to formally express my thanks for all your excellent guidance over the last two days. The last two days have been some of the most challenging I think I have faced. Thank you for getting us sanely through to an outline deal."
“I just wanted to drop you a line to say a huge thank you for all your support and advice on our journey to completion and in particular last night when things got a little frantic in requiring actions beyond normal office hours! Your advice and support throughout our journey have been vital and it has been a pleasure to work with you along the way.”
Key contacts
Chloe Poskitt
Legal Director
Natasha Davison
Associate
Matt Jones
Legal Director
Tim Claremont
Partner
Joshua Bernie
Senior Associate
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Browne Jacobson and Agilia are delighted to invite you to our on-demand webinar in which we will be looking at the key issues and best practice, which every affected authority needs to know, to assist them in the management of this challenge and the development of a strategy for preservation or replacement of assets and the re-procurement of key services.