Contracting and procurement post Carillion, what do you need to know and what do you need to change?

Key rights and remedies available to authorities under typical PFI contracts

Level: Intermediate

5 June 2019, 9.30am registration (9.45am start) – 1.00pm (followed by lunch) Browne Jacobson, Nottingham (with Video Conferencing Equipment to Browne Jacobson’s offices in Birmingham and London)

Presented by Browne Jacobson and Weightmans

Course overview

Contracting and procurement post Carillion:

In a nutshell:

• Large scale outsourcing is broken
• But we still need the market
• We need to be better at commissioning and procurement
• We need to manage our procurements and our contracts better
• We need to get better at being commercial and understanding risk
• We need to be better at predicting the future

We will be looking at all of these issues to try and navigate a path for those involved to get better at reducing risk and getting better performance from contractors.

Rights and remedies under typical PFI contracts
In addition to refreshing delegates’ understanding of the mechanisms that exist in typical operational PFI contracts and updating on case law, this seminar will provide an opportunity for discussion of how different authorities have dealt with issues raised on operational PFIs.

Suitable audience:

Commercial lawyers and senior procurement professionals, contract managers and finance officers who deal with PFI contracts

Overview and topics to be covered include:

Contracting and procurement post Carillion:

Some insight into what went wrong with Carillion and how you might learn from it from a contracting authority perspective
Corporate and commercial contract governance
Contract drafting
Risk mitigation steps in relation to contractor failure
Procurement implications at each stage of the process and tips on what to do to get it right
Real life examples and how these might be handled.
What the future could bring and how to prepare for it.
Rights and Remedies under typical PFI contracts:

A reminder of key rights and remedies available to authorities under typical PFI contracts, covering:

• Provision of information and contract monitoring
• Project Agreement remedies
• The variation process
• Periodic cost reviews – soft services and insurance
• Additional costs
• Refinancing

The seminar is aimed at contract managers, lawyers, finance officers and others who deal with operational PFI projects.

Duration: Half a day (3 training hours) including lunch

Interactive elements

It will include, workshop scenarios, case studies and a quiz


This course will cover:

B Technical legal practice
B4 Draft documents

Presenter profiles:

Peter Ware, Browne Jacobson specialises in complex procurement, shared services, PFI, outsourcing and public sector joint ventures.

Prior to joining Browne Jacobson, Peter worked as a special projects adviser for Nottinghamshire County Council. His extensive knowledge of local authority law and his time leading major projects has given experience in advising all types of public bodies on commercial matters, in particular their public procurement, PPP and commercial work.

He is also an active member of the national executive of the Procurement Lawyers Association and a regular public speaker.

Michael Mousdale, Browne jacobson is a recognised leader in public procurement, local government and administrative and public law. Advising both public and private sector on complex transactions with particular expertise in PFI/PPP, major infrastructure projects and joint ventures.

Michael has spent 11 years in local government before moving to the private sector, where he has led teams on delivering some of the largest and most innovative deals in the sector.

Steve Johns, Weightmans is an infrastructure projects specialist, with extensive experience providing end-to-end advice to procuring authorities on the delivery of major projects.

Over a significant part of his career he advised on the procurement of numerous PFI projects, typically acting for the procuring authority but in other cases advising the bidding consortia or funders. More recently his expertise has been needed to advise on issues that arise during the operational phase of such projects – major variations, refinancings, contract interpretation, disputes and termination.

Please note we offer the option to attend this course via video conference at another of our offices to make it accessible to as many EM Lawshare members as possible. We do our best to deliver the best experience we can with the technology we have, but inevitably it may not be as effective as attending the course in person. We always appreciate your feedback and make improvements if we can.

Please note, EM LawShare events are only open to existing members. Click here to learn more about becoming a member.

If you would like to send a list of registrants, please email Julie.Scheller@freeths.co.uk.