PFI perspectives - Reviewing the infrastructure landscape
28/11/2024
Part 1: The positives and challenges of PFI and opportunities for the future
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I lead our Construction and Engineering Contract Management and Dispute Resolution team. I am a specialist in advisory and dispute resolution work in the construction, engineering and facilities management markets with particular expertise in the operational management of PFI/PPP contracts and the resolution of disputes in long term partnering contracts. I act for a wide range of employers, contractors, sub-contractors and consultants across a wide range of sectors and covering all aspects of construction and engineering law.
I have over 20 years of experience in advising clients on both the detail of their disputes and the process by which they might achieve a satisfactory resolution of those disputes including arbitration, litigation, mediation and adjudication. I have a particularly strong track record of dealing with complex and fast moving adjudications and complex multi-party, structured negotiations of claims.
I am also Head of our Bristol office.
Louise is exceptionally client-focused and provides quality work for her clients.
Seminars
I regularly speak on issues topical to the construction sector, most recently dealing with:
- The impact of the coronavirus pandemic on construction contract claims
- Fire safety claims
- Building Safety Act
Louise Robling is an extremely experienced and knowledgeable lawyer with a wealth of knowledge of the construction sector. She has unrivalled knowledge of PFI contracts. She is extremely approachable and her advice always balances legal and commercial considerations.
Louise Robling and Judith Hopper are exceptional partners. It is clearly the culture at Bevan Brittan to navigate complex problems with clients and keep the client totally reassured that matters are in hand.
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Construction
- Advising a contractor in defence of a £50,000 per day liquidated damages claim for delay to the construction of an electrical substation being installed as part of an off shore windfarm in the Humber estuary, including advice in relation to extensions of time and associated costs and the management of stepped down claims from the main development contract.
- Acting for a developer in the assessment of risk arising from in excess of 170 compensation events under an NEC contract target cost contract for engineering works in a harbourside development.
- Advising a London Borough on the resolution of numerous issues arising from 2 phases of their whole borough schools upgrade programme, including resolution of defects in the roofs of 3 schools and a major defect in the foundations at another school, and the negotiation of multiple final accounts. The dispute included successful Part 8 litigation proceedings in the TCC to resolve an issue of insurance coverage.
- Advising a City Council in relation to a range of disputes under its highways maintenance contract based on an NEC form. The disputes arose in respect of a range of different projects, including the construction of a £25 million relief road. The disputes spanned across many years but all were ultimately brought to a favourable conclusion without the need for formal proceedings.
- Successfully representing a local authority in relation an adjudication dealing with a number of claims for compensation events arising under a remediation contract for a municipal waste site in the South West.
PFI
- Acting for the successful party in the Court of Appeal decision in Kajima Construction (UK) Limited v Children’s Ark Partnership Limited [2023] EWCA Civ 292, a widely discussed case in relation to the application of a dispute resolutions procedure in a PFI contract, with wider application to tiered dispute resolution clauses generally.
- Acting for the successful party in the reported case Portsmouth City Council v Ensign Highways Ltd [2015] EWHC, successful establishing that there was no implied duty on a public body to act in good faith when exercising a discretion under the service point regime in a long-term PFI contract.
- Acting for a contractor in a dispute with a joint venture company affecting their entire property portfolio of 13 properties, each subject to a separate LIFT (Local Improvement Finance Trust) contractual arrangement, requiring the drafting, co-ordination and management of 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 7 figures sum for our client.
- Advising an Acute NHS Trust in respect of a substantial number of defects found in the passive fire protection of the PFI hospital against which an Enforcement Order had been issued by the Fire Service. Acting for the Trust in an adjudication in respect of the Trust's entitlement to deductions. Guiding the Trust through an assisted negotiation process with a mediator resulting in the settlement allowing for remedial works of the original fire defects and other construction defects and amendments to the Project Agreement to ensure proper incentivisation of performance of obligations in the future.
- Advising an NHS Trust following the insolvency of Carillion who were providing FM services to their PFI, the impact on outstanding claims and approvals for a replacement FM provider.
- Acting for a Local Authority in relation to numerous claims arising from the construction and operation of their PFI waste to energy plant.
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PFI perspectives - Reviewing the infrastructure landscape (Part two)
05/12/2024
Part 2: Opportunities and solutions for the remaining term of PFI projects
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Louise is very open, honest and nothing is too much. She is able to quickly grasp the concept of the issue we have and find the most appropriate solution supporting us to conclusion.