ADDLESHAW GODDARD OFFERS MARKET-LEADING SUPPORT TO OWNERS, LENDERS AND PROCURING AUTHORITIES IN MANAGING OPERATIONAL PUBLIC-PRIVATE PARTNERSHIP (PPP) ASSETS.
With more than 670 operational PPP assets in the UK, effective legal support in managing operational issues arising over the life of the long-term concession contracts that underpin them is vital.
Our experience in supporting owners, managers, lenders and procuring clients in dealing with a whole range of operational and asset-related issues across all sectors of the UK PPP market is second to none. Leveraging on experience gained from acting across portfolios of assets, our highly experienced team offers "cradle to grave" support which is focused on protecting the performance integrity of assets as well as maintaining an asset's investment value and credit quality.
This includes supporting clients with:
- Variations and change management
- Market testing and benchmarking
- Equity restructurings
- Data protection, freedom of information and confidentiality issues
- Adjudications, mediations and settlements
- Employment and HR issues
- Procurement and public law issues
- Voluntary and negotiated project terminations
- Semperian PPP Investment Partners
- HCP Social Infrastructure UK
- Kajima Partnerships Limited
- The Health and Safety Executive
- Northumbria Healthcare NHS Foundation Trust
- University Hospital of South Manchester NHS Foundation Trust
- Oldham Borough Council
- Extensive experience
Case highlights include:
- Acting for an infrastructure asset fund in relation to the settlement of project-wide issues and amendments to project documents to return the project to 'steady state' and provide an agreed process to manage the impact and rectification of building defects.
- Acting for a project company in relation to the provision of further accommodation within a PFI site boundary together with associated infrastructure. The accommodation is funded by the public sector and is essential to the procuring Authority's operations. The procurement and operation of the accommodation has been ring-fenced from the PFI project to protect and preserve project cash flows.
- Acting for lenders in relation to a guarantor replacement across a portfolio of UK PPP assets following the sale of the existing FM contractor.
- Advising an NHS trust on a review and restructuring of the trust's PFI project, with the aim of achieving cost savings by bringing services in-house. As part of the wider restructuring, we have advised on the options available to terminate the existing PFI arrangements. Our work has also included advice on obtaining the regulatory consents required for the restructuring of an NHS PFI arrangement.
- Acting for an infrastructure asset fund in relation to the insolvency of its facilities management contractor across 11 projects and the appointment of a replacement contractor on new contract terms.