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Contract design and contracting procedures are at the heart of PFI/PPP projects and these require considerable legal input and a great deal of work to be undertaken to produce the highly detailed public/private sector contracts.

'Contractual and Legal Issues in PFI/PPP' aims to assess the impact that legislation has on existing and future PFI/PPP projects highlighting the latest policy developments, and covering topics such as value for money, insurance issues, European competition laws and risk management. Perspectives from the health, defence and education sectors will be examined as will lessons learnt from major construction contractors, FM Providers and recent PPP projects. This event will look at how PFI/PPP deals are put together, the different types of contracts that exist and the manner in which they are developed. This is to identify how to maximise contractual benefits and to minimise legal problems and administration and the duplication of tedious tasks and procedures.

With more than 16 senior level industry speakers this forum promises to be an unparalleled source of information relating to contractual and legal issues in PPP/PFI projects.

Programme Highlights:

  • Discover the central government perspective - current concerns and future directions relating to PPP contracts
  • Hear and benefit from major projects in the health, defence and education sectors
  • Consider risk management and issues of insurance to ensure real value for money
  • Gain knowledge about the international PPP scene and developing Central and Eastern European markets
  • Learn from the experiences of major construction and FM companies
  • Meet and network with leading industry players and raise the profile of your company


  • Benefit from industry presentations by:

  • David Gollancz, Head of Procurement and Commercial Contracts, Treasury Solicitor's Department
  • Norman Ballantyne, Executive Legal and Joint Services, 4ps
  • Kathy Makin, Director, Broadening Smart Acquisition, Ministry of Defence
  • Sarah Atkins, Head of London Underground Legal Services, London Underground
  • David Anderson, Legal Director, Carillion Private Finance, Carillion
  • Andrew Cleaves, Director of Assurance and Contracts, Tube Lines
  • Declan Gillespie, Commercial Director, Lend Lease Facilities & Estate Management
  • Martin Lenihan, Legal Advisor (Barrister), Skanska Construction Group
  • Tony Wittering, Team Leader, Contracts and Specifications, Highways Agency
  • Jonathan Crossley-Holland, Executive Director Education, Sheffield Local Education Authority
  • Duane Passman, Head of the Capital Investment Unit, London Strategic Health Authorities
  • Miroslav Vancura, Head of Unit of Transport Policy and Environment, Ministry of Transport of the Czech Republic
  • Conference programme

    8:30 Registration & Coffee

    9:00 Chairman's Opening Remarks

    Richard Armitage

    Richard Armitage, Partner, Simmons & Simmons

    9:10 CENTRAL GOVERNMENT CONTRACTING: CURRENT CONCERNS AND FUTURE DIRECTIONS

    David Gollancz

    David Gollancz, Head of Procurement and Commercial Contracts, Treasury Solicitor’s Department

  • IT contracting after PFI
  • Staff transfers: TUPE and pensions
  • Joint ventures, strategic partnering and other strange relationships
  • Hot topics
  • 9:50 LEGAL ISSUES RELATING TO LOCAL AUTHORITY PPPs

    Norman Ballantyne

    Norman Ballantyne, Executive Legal and Joint Services, 4ps

  • The National Procurement Strategy for Local Government 2003-2006
  • Regional Centres of Procurement Excellence update
  • Forms of PPP/PFI; Joint Venture Company PPPs such as LIFT & BSF; SSPs
  • Standardisation - interacting with standard agreements and output specifications
  • Local Authority powers relating to PPPs
    • Well-being powers
    • Powers to trade
  • On the horizon
    • The Classical Directive
    • EU position on PPPs
  • 10:30 Morning Coffee

    11:00 PANEL DISCUSSION

    David Gollancz

    David Gollancz, Head of Procurement and Commercial Contracts, Treasury Solicitor’s Department

    Norman Ballantyne

    Norman Ballantyne, Executive Legal and Joint Services, 4ps

    Tony Wittering

    Tony Wittering, Team Leader, Contracts and Specifications, Highways Agency

    11:40 PUBLIC SECTOR MANAGEMENT OF PPP CONTRACTS

  • Managing complex contractual interfaces
  • Dealing with interpretational issues
  • Challenging public sector and contractors’ performance
  • Managing change in a political environment
  • Sarah Atkins

    Sarah Atkins, Head of London Underground Legal Services, London Underground

    Sarah Atkins

    Sarah Atkins, Head of London Underground Legal Services, London Underground

    12:20 Networking Lunch

    13:50 DELIVERING CONTRACTS REPRESENTING REAL VALUE FOR MONEY

    Tony Wittering

    Tony Wittering, Team Leader, Contracts and Specifications, Highways Agency

  • Lessons learnt from the successful DBFO roads
  • High standards of service at lower costs
  • The adoption and implementation of whole-life costing techniques
  • Value for money – Public Sector Comparators
  • Future developments
  • 14:30 RISK MANAGEMENT AND NEGOTIATION IN PPP PROJECTS

    David Anderson

    David Anderson, Legal Director, Carillion Private Finance, Carillion

  • Risk strategy and objectives
  • Roles and responsibilities
  • Use of the risk matrix
  • Getting the balance right
  • Reflecting risks in contractual documents
  • Negotiation – tactical or a means to an end?
  • 15:10 COMPETITION LAWS ISSUES ARISING IN PPPs

    Alan Davis

    Alan Davis, Partner, Pinsents

  • Do PPPs distort competition?
  • Do they give advantages to their own countries?
  • Applicability of EC State aid rules
  • Interaction with the EC public procurement rules
  • Application of Articles 81 and 82 EC Treaty to PPP contractual arrangements
  • Merger control issues in relation to the structuring of PPPs
  • 15:50 Chairman’s Closing Remarks followed by Afternoon Tea

    16:20 Close of Day One

    Andrew Cleaves

    Andrew Cleaves, Director of Assurance and Contracts, Tube Lines

    8:30 Re-registration & Coffee

    9:00 Chairman's Opening Remarks

    Richard Payne

    Richard Payne, Managing Director, Currie and Brown

    9:10 KEY ELEMENTS OF PPP IN DEFENCE

    Kathy Makin

    Kathy Makin, Director, Directorate for Broadening Smart Acquisition, Ministry of Defence

  • Main techniques used by the MoD: PFI, partnering arrangements, outsourcing, the Wider Markets Initiative and the Defence Estates Contracting Programme
  • Employment issues – ‘Code of Practice for TUPE Transfers in MOD Contracts’
  • Use of contract templates to speed up process and reduce costs for all parties
  • Defence sector specifics – can other sectors learn from these?
  • Step-In Rights for the MoD
  • Plans for the future
  • 9:50 LEGAL ISSUES - GETTING IT RIGHT TO BEGIN WITH - A CONSTRUCTION CONTRACTOR’S PERSPECTIVE

    Martin Lenihan

    Martin Lenihan, Legal Advisor (Barrister), Skanska Construction Group

  • Legal do’s and don’ts
  • Lessons learnt from recent deals – some legal aspects
  • How concepts of partnering have improved PFI/PPP process
  • 10:30 Morning Coffee

    11:00 CONTRACTUAL AND LEGAL LESSONS LEARNT IN THE FIRST YEAR OF A MAJOR PPP PROJECT

  • Operational imperatives: driving performance
  • Improving relationships and communications, better decision-making
  • Contractual lessons learnt
  • Re-financing the deal: efficiencies and benefits
  • Challenges ahead
  • Andrew Cleaves

    Andrew Cleaves, Director of Assurance and Contracts, Tube Lines

    Andrew Cleaves

    Andrew Cleaves, Director of Assurance and Contracts, Tube Lines

    11:40 AN INTERNATIONAL PERSPECTIVE

    Rosemary Bointon

    Rosemary Bointon, Partner, DLA

  • Overview of the International PPP scene
  • How does the experience of Europe relate to the UK
  • Main legal variations and their effects
  • Contractual differences
  • Specific International case studies
  • Predictions for future international developments – divergence or convergence?
  • 12:20 Networking Lunch

    13:50 DEVELOPING A ROBUST LEGAL AND REGULATORY FRAMEWORK TO FACILITATE PPPs IN CENTRAL AND EASTERN EUROPE

    Miroslav Vancura

    Miroslav Vancura, Head of Unit of Transport Policy and Environment, Ministry of Transport of the Czech Republic

  • Alignment of responsibility between state and licenses
  • Case study – update on future motorway projects where private capital is being used
  • Understanding the risks involved: costs, operational
  • Recent legislative measures passed
  • Investment opportunities
  • Plans for the future
  • 14:30 DEALING WITH PFI CONTRACTUAL ISSUES IN THE NHS

    Duane Passman

    Duane Passman, Head of Capital Investment Unit, London Strategic Health Authorities

  • Minimising time and costs
  • Issues specific to health PPPs
  • The standard form contract and standard commercial terms
  • Case study of actual scheme
  • 15:10 Afternoon Tea

    15:40 PPP/PFI AND INSURANCE ISSUES

    Edward McLaughlin

    Edward McLaughlin, Principle and Practice Leader, Marsh

  • Why Partnerships UK and HM Treasury considered the need for an insurance cost index – the issues
  • Overview of Insurance Cost Index (ICI)
  • Data requirements and historic insurance cost pattern within PFI
  • Benefits and savings of an ICI
  • Other PFI insurance considerations
  • Next steps in the creation of a contractual ICI
  • 16:20 RISK ALLOCATION AND TRANSFER

    Declan Gillespie

    Declan Gillespie, Commercial Director, Lend Lease Facilities & Estate Management

  • Determining where risks lie
  • Who should take property title risk?
  • The dangers of new risks when considering varying payment mechanisms
  • Using design as an assessment of the project’s potential risk
  • Assessing all members of the consortium’s risk assessments
  • Impact of transferring risk to the contractor
  • 17:00 Chairman’s Closing Remarks and Close of Conference

    +

    Workshops

    Risk Assessment in PFI Projects
    Workshop

    Risk Assessment in PFI Projects

    Park Street Training and Meeting Centre, at etc. venues
    10th November 2004
    London, United Kingdom

    The Hatton, at etc. venues

    51/53 Hatton Garden
    London EC1N 8HN
    United Kingdom

    The Hatton, at etc. venues

    HOTEL BOOKING FORM

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