Private Finance Initiative - Experience

Introduction

Blake Newport has experience of working on a number of PFI and other complex outsourced services contracts, undertaking a broad cross-section of dispute, commercial and contract management roles for a variety of clients. We have particular experience in the healthcare and education sectors. This document summarises some of Blake Newport’s relevant experience.

Handover & Exit

Commercial and Contract Management of the exit process and handover of services on complex international outsourced services contracts.

Contract interpretation – identification and resolution of ambiguity in contract exit rights and obligations.

Exit process planning – preparation of exit timetable including key actions, activities, notices and timescales.

Exit process management – Contract and commercial management and guidance on exit processes including: notifications and communications, negotiation of future contract requirements, hand back processes, information transfer, engagement with HR/TUPE specialists.

 

Authority Defects & Dispute Resolution – Education

Strategic and operational commercial advice and support to an Authority in dispute with the Design & Build Contractor on a PPP schools expansion programme.

The dispute comprised delays to multiple sites, final accounts for individual schools and numerous outstanding defects including a number of serious defects requiring substantial remedial works.

Review of variation and defects rectification procedures contained within the contract and advice to the Authority’s senior and project team how to operate the pertinent clauses.

Development of a process for the management to resolution of defects.

Resolution of a final account dispute through a series of expert determinations, mediation and final negotiation.

Dispute Management & Resolution – Healthcare

Negotiation of a Standstill Agreement in order to resolve a dispute between the Hospital Trust and Project Co (including Hard FM Provider) that had serious potential consequences – including termination.

Establishment of a joint working group of stakeholders to agree a project to investigate and resolve the causes of the dispute under the cover of the Standstill Agreement.

Management of all workstreams through to resolution of the dispute.

Development, negotiation, agreement and implementation of an Amnesty Agreement to provide a period for resolution of a number of issues and disputes.

Historic Deductions Dispute – Healthcare

Engaged jointly by Project Co and Hard FM provider to advise on a dispute regarding historic deductions & Service Failure/ Deficiency Points (SFP) that had serious consequences.

Contract review to understand contractual rights, obligations and processes in relation to performance reporting and the Trusts rights to challenge accuracy of reporting and impose deductions and SFPs.

Analysis of audit data and application of contractual processes to challenge the Trust’s claimed historic deductions.

Report findings to the Project Co and Hard FM provider.

Presentation of findings to Project Co board members and Trust representatives.

Amnesty Programme Management & Governance – Healthcare

Management of a programme of four projects. The projects focussed on key areas of contention including crystallised disputes, compliance and records, validation of estate assets and performance monitoring and reporting obligations.

Definition, development and agreement of the scope of the four projects to be delivered jointly by Project Co, the Hard FM provider and the Trust in accordance with an Amnesty Programme and under the umbrella protection of an Amnesty Agreement.

Development and implementation of a governance structure for the Amnesty Programme, including definition and implementation of reporting requirements.

Oversight and management of the Amnesty Programme.

Facilitation of emerging issues and project obstructions resolution.

Reporting to the joint Amnesty Board comprising Project Co and Hospital Trust representatives.

Sign off of the Amnesty Programme projects as complete and preparation and agreement of Amnesty Agreement Completion Statement.

Training and Contractual Guidance – Healthcare & Education

Advised Hard FM providers, Design & Build Contractors and Project Cos on specific contractual rights and obligations, contractual processes and timings.

Developed training for delivery to Hard FM provider’s senior operational management teams to develop understanding of key obligations and rights under the contract.

Advice and Oversight of Outstanding Design & Build Works – Education

Appointed by Design & Build Contractor to review the suite of contract documents provided for the completion of works resulting from the demise of a previous design and build contractor that had also been a member of the Project Co. Outstanding works comprised partially completed construction works on multiple sites and facility handovers.

Prepared a matrix of conditions, obligations and liabilities specific to PFI Agreements not previously encountered by the replacement Design and Build Contractor.

Presented seminars and workshops with replacement Design & Build Contractor’s senior team and project delivery teams to provide understanding and operation of PFI Project Agreements.

Assisted discussions with the Project Co to agree revised terms to design and build contract that transferred disproportionate Project Agreement obligations and consequences.

Provided oversight, review and feedback to the Design and Build Contractor’s senior team on contractual risks and compliance at individual sites.

Interim Commercial Director – Healthcare

Provision of an Interim Commercial Director to provide commercial leadership whilst the Project Co recruited a permanent Commercial Director

Commercial and contractual strategic advice, management of key commercial matters and reporting to the Project Co Programme Director and Board.

Development and implementation of improved commercial management processes in conjunction with the Hard FM provider.

Development and oversight of procurement processes, governance and risk management of Hospital Trust major capital variation works.

Contract obligation and process reviews (including ME, RME, large capital variation), development and communication of guidance.

Should you wish to know more about how Blake Newport can help your organisation please contact Justin Prince at jprince@blakenewport.co.uk or on +44 (0)7711 008 969 or Simon McGrail at smcgrail@blakenewport.co.uk or on +44 (0)7921 871 267.