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PFI and Construction
.......Contracts
David Hickman, Partner,
Theodore Goddard
The author is a Partner with the leading City law
firm of Theodore Goddard. He specialises 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 ¡V Background
to the PFI; Outline (including diagrams) of
typical PFI transactions; The importance of
construction and design issues in a typical PFI
contract
CONSTRUCTION ISSUES ON
CONCESSION CONTRACTS ¡V 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 ¡V 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 ¡V e.g.
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 FORMS
BESPOKE CONTRACTS
COLLATERAL WARRANTIES
BANK DIRECT AGREEMENTS
DESIGN ISSUES ¡V Design
and build; Separate contracts/use of lead
consultants
CONSORTIUM AGREEMENTS
INTERFACE WITH FACILITIES MANAGEMENT AND OTHER
SERVICE AREAS
IN THE FIELD OF PFI ¡V The hand-over
phase; Life cycle costings/maintenance;
Performance Payment Systems
DISPUTE RESOLUTION
¡V 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 ¡V Pay when
paid clauses
Chandos Publishing.Oxford.England
| Price:
HK$799.50 |
ISBN:
1 902375 33 5 |
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