Infrastructure

  • Overview
  • Case studies
  • In March 2016 the Government published their National Infrastructure Delivery Plan, bringing together the government's plans for economic infrastructure over the next 5 years with those to support delivery of housing and social infrastructure. The NIDP is underpinned by the National Infrastructure Pipeline which showed the size and status of planned public and private investment worth over £480 billion to the end of the decade and beyond, including over £390 billion to 2020-21. It is anticipated that around 50% of the infrastructure pipeline to 2020-2021 will be financed and delivered by the private sector.

    The opportunities available in the infrastructure sector are vast but delivery of complex schemes is challenging. Our market leading infrastructure teams are experts in helping you to overcome any issues that might arise in order to deliver successful projects across all sectors including health, education, transport, leisure, energy, waste, social infrastructure and IT. We are with you through your whole project from inception and choice of procurement, through to the tender process, complex contractual negotiations, contract management, dispute avoidance and (if necessary) dispute resolution. We have a true cradle to grave approach to our work with you.

    You can expect our lawyers to have excellent technical skills and a deep understanding of the markets in which we work. However, we place equal importance in providing you with first class project management and a commitment to the highest client service, keeping you up to date with developments every step of the way. You will have a dedicated partner lead, and a multi-disciplinary team responding whenever required.

    Working with clients

    Our infrastructure group contains a first class team of lawyers drawn from different fields of expertise - procurement, regulatory, property and project finance, transactional construction, real estate development and contract advisory and dispute resolution. We advise on infrastructure projects across several sectors including, waste, energy, residential and commercial accommodation schemes, development, regeneration and social infrastructure. 

    • Urban regeneration
    • Major housing projects
    • Education - schools and colleges
    • Student accommodation
    • Waste management
    • Renewable energy
    • Leisure facilities
    • Hospital estates projects
    • Highways

    Our clients

    Our clients range from funders, investors and developers to contractors and facilities management companies. We advise on all types of construction transactions from multiple party complex regeneration projects, joint ventures, PFI/PPP projects, design and build schemes, repairs and maintenance contracts and soft facilities management contracts.

     

  • The experience of our market leading team includes:

    PFI

    Separate Bevan Brittan teams advised the Project Company, the FM Contractor and the Funder in relation to the Cleveland Police “Action Stations” PFI involving the design, construction and servicing of new District Police Headquarters facilities.

    We are currently advising the Local Education Partnership in relation to a variation to the original Somerset County BSF PFI project to introduce a swimming pool and related facilities into the project (having previously advised on the original project).

    Advising a public sector body in relation to adjudication claims under a PFI contract arising as a result of the failure of the construction of the building to meet requirements for fire protection which resulted in recovery of substantial sums for our client.

    Advising SPV Contractor in respect of a force majeure termination of a waste PFI resulting in payment of £33.5m compensation to the SPV Contractor.

    Joint Ventures

    We advised three Project Companies and the Local Education Partnership joint venture on a renewable electricity variation to their significant Barnsley Metropolitan Borough BSF project.

    We advised the Devon and Somerset Fire and Rescue Authority in relation to a corporate joint venture with a private sector provider. We provided advice on the requirements of procurement law to joint ventures and in particular what obligations there are to undertake procurement in selecting joint venture partners.

    Acting for a contractor in disputes with a joint venture company each subject to a separate LIFT (Local Improvement Finance Trust) contractual arrangement, requiring 2 phases of 26 concurrent adjudications, and then 13 adjudications (65 adjudications in total), and resulting in the successful defence of termination notices and the recovery of a substantial sum for our client.

    Assisting a joint venture contractor in defending of a TCC Court claim for a roof defect on each of two secondary schools constructed by the joint venture (resulting in favourable settlement for our client).

    Advising a joint venture company (formed of two major contractors) in bringing legal proceedings against a subcontractor arising from defects in the render works provided under a bespoke form of contract

    Advising a joint venture between two major utility companies in respect of the construction of a large-scale offshore wind farm (500 MW) and consequent arbitration arising out of welding defects in the monopiles with a claim value of $500m or £350m.

    We advised the developer (a corporate joint venture between Places for People Ventures and Schroder’s Property Investment) on existing remediation contracts, interface issues with Network Rail and supply chain engagement in respect of their £45 million development at Ruskin Square London.

    We are currently advising the JV developer on its construction procurement strategy and all contract documentation for engagement of the supply chain for a £500 million plus, 1,500 unit residential-led development scheme at the Olympic Park.

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Nov 17th 2017

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M -v- A Hospital [2017] EWCOP 19 and NHS Trust -v- Y [2017] EWHC 2866 (QB)

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Court of Protection case summary

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