Projects & Infrastructure

Our projects and infrastructure team brings together corporate, construction and finance lawyers with particular expertise and experience in the sector to advise on the full spectrum of works and services contracts, on a transactional, advisory or contentious basis.

These include:

  • PPPs/PFI and asset-backed vehicles – we advise investors and contractors on their involvement with PPPs, PFIs and asset-backed vehicles and are experienced in drafting and negotiating appropriate forms of contract (including standard forms) and associated sub-contracts. We also act for a number of investors and contractors on existing PPPs and PFIs, including advice to investors on the acquisition of portfolios of PFI/ PPP assets.
  • Civil engineering – we advise on major civil engineering projects in the UK and abroad and also have particular experience in the procurement and construction of major sports stadiums in the UK.
  • Rail – our lawyers have advised on some of the largest rail procurements in the UK and Europe, including agreements for the design, build, operation and maintenance of light and heavy rail. We also advise a number of operating companies on the delivery of infrastructure projects and operational services.

We are able to advise on early stage issues, including procurement, public procurement, competition law and State Aid matters.

We also advise on health and safety issues and defend health and safety prosecutions.

Our clients include UK and international contractors and secondary and primary-market investors in a range of sectors, including transport, hospitals, schools, defence, social housing, facilities management, utilities and waste management.

Andrew Bessemer Clark

Andrew Bessemer Clark

If you have any questions or queries please call Andrew on +44 (0)20 3036 7206 or email abclark@fladgate.com

Alan Woolston

Alan Woolston

If you have any questions or queries please call Alan on +44 (0)20 3036 7277 or email awoolston@fladgate.com

Advises on engineering, building and development projects, alongside disputes. “They compare very favourably against other firms in regard to value for money and level of service”.

Chambers UK

Industries

Projects & Infrastructure team

 

Fladgate acts for Equitix on the £47m acquisition of Crickhowell House, Cardiff

Gavin Whitney, Andrew Bessemer Clark, Ashleigh Brinklow, Miles Crawford

Concurrent delay revisited

Industry 4.0 – from procurement challenge to opportunity

Alan Woolston

Fladgate continues with strong showing in Chambers UK 2019

“No-deal Brexit: civil and commercial cooperation” guidance published by the Law Society

Leigh Callaway, Gerald Brent

Fladgate LLP achieves across the board rankings in Legal 500 for 2018

New trends in construction procurement

Personal data: a global commodity subject to regional rules

Limitation for contribution claims – take care

Exemption from withholding tax through private placements

View by: Grid

Limitation for contribution claims – take care

|

In commercial disputes, it is not unusual for the claimant’s losses to be caused (or contributed to) by a number of different parties.  For instance, the claimant may have elected to pursue the party with the deepest pockets, or the loss may have been caused by one of the defendant’s subcontractors.  In such circumstances, the […]

Exemption from withholding tax through private placements

|

Many non-UK resident lenders in the commercial property sphere will often have encountered the problem of UK withholding tax on interest at 20%. As an alternative to the traditional double tax treaty relief method, the qualifying private placement is a relatively new method through which investors and lenders can be exempted from withholding tax on […]

Terminating PFI contracts: What it really costs

|

The rise of Corbynomics and the fall of Carillion have put PFIs in the spotlight. What would terminating such contracts actually involve? At the Labour Party Conference last year, John McDonnell raised the idea that public sector bodies could provide better value for money in certain service areas if the government was to terminate long-term […]

Grant of Enterprise Management Incentive options now on hold

|

An enterprise management incentive option (EMI option) is a type of employee share option which is a useful remuneration tool for employees in smaller higher-risk trading companies.  It also provides for generous tax treatment for both the employee and the company. Since the tax benefits are only available to companies with certain qualifying business activities, […]

Is a UK parent liable for the conduct of its foreign subsidiary? (Update)

|

In the recent Court of Appeal judgment of Okpabi v Royal Dutch Shell Plc[1], the court examined the issue of whether there was an arguable case that Royal Dutch Shell (Shell), as the UK parent company of a Nigerian subsidiary, owed a duty of care to those affected by oil leaks from pipelines and associated […]

Two or more clients and the CDM Regulations

|

“It doesn’t take a genius to know that any organization thrives when it has two leaders. Go ahead; name a country that doesn’t have two presidents. A boat that sets sail without two captains. Where would Catholicism be without the Popes?” The Office, ‘The Promotion’ Many projects have various parties ‘for whom a project is […]

Post-termination payments and the importance of notice

|

Against the backdrop of Carillion, parties need to keep in mind issues of payment upon termination of a construction contract. A recent Court of Appeal decision has confirmed that section 111 of the Construction Act applies to payments due after termination of a contract. A party must give a pay less notice if it wants […]

Recent developments and the implications for some aspects of construction law

|

Introduction The European Union (Withdrawal) Bill (informally known as the “Great Repeal Bill”) passed its third reading in the House of Commons on 17 January. While the bill has still to complete its passage through the House of Lords, it is unlikely to undergo significant further amendment. What impact will the bill, when enacted, have […]

Rail projects: 3 mistakes your team must avoid

|

The sector holds many demons but disputes over complex contracts and tricky engineering can be dodged with a few sensible steps. With record levels of investment in the rail sector, parties carrying out track works should learn from previous disputes to avoid the same mistakes being repeated. Here are three points to consider. Agree relevant […]

Limitation periods and standstill agreements: How can they impact your claims?

|

What do contractors need to be aware of when considering limitation periods, and how can it affect the claims they make? Claims arising from construction projects often require consideration of the law of limitation. Limitation periods are statutorily prescribed windows within which claimants must commence claims. These periods do not, however, sit naturally against the nature […]

New entitlements and potential pitfalls for Contractors in NEC4

|

Contractors, especially those to be engaged on public projects, may soon be working under new NEC4 standard form contracts introduced in June 2017. The new contracts, published by the Institution of Civil Engineers (ICE), replace the 12 year old NEC3 suite. The changes are intended to support users’ changing requirements, stimulate good project management and […]

Where next for green bonds?

|

Green bonds have come a long way since they were first issued in 2007. As we mark their tenth birthday, what developments should we expect over the next few years? Green bonds use environmentally sustainable investments as a means to cut carbon emissions.  The issuer uses the bond proceeds to finance or refinance construction projects […]

‘Response times and value-for-money are very good’ at Fladgate LLP.  David Weare assisted Hitachi Zosen Inova with an EPC contract to deliver an energy-from-waste facility on the outskirts of Edinburgh. In other non-contentious highlights, practice head Alan Woolston and senior associate Chris Farrell, who are ‘commercially astute, technically excellent lawyers’, advised Go-Ahead Group on a range of construction works as well as professional appointments related to the infrastructure for various well-known Go-Ahead brands, including Southeastern trains and Brighton & Hove buses. Hebbard and Weare were also active in contentious matters, where work included representing contractors on various energy-from-waste project disputes, and acting for John Laing Investments on potential claims relating to the design and upgrade of Aylesbury Park railway station. International construction specialist Barry Hembling is another key contact.

Legal 500

Well-regarded practice with a purchaser-side focus. Advises on high-value transactional and contentious matters and often deals with leisure, infrastructure, energy and property development matters.

“The team provides a quality service and understands the importance of timely advice, pragmatic solutions and cost certainty.”  “With Fladgate we can rest assured that each area of legal and contractual exposure has been methodically reasoned with appropriate advice and implementation.”  Advised Merlin Entertainments on its ongoing expansion work and portfolio of construction projects across the globe, worth hundreds of millions of pounds in total.   Acted for the University of London on its estate-wide energy-efficient lighting upgrade scheme using a two-stage approach to the tender for the project.

Chambers UK

Alan Woolston engages in both contentious and non-contentious work, with particular specialisms in PFI/PPP schemes and offshore energy projects. One client is “impressed with his focused attention to detail and ability to understand every potential trajectory of decisions that he has considered and created a strategy around.”

Alan Erwin has a broad non-contentious practice that sees him advise on commercial developments and renewables projects. He has experience advising on domestic construction projects and overseas matters.

Gillian Birkby advises clients from across the construction market on non-contentious matters including procurement, contracts and appointments. One client says: “She provides insightful and cutting-edge advice with fantastic support.”

Chambers UK

Fladgate LLP’s ‘cerebral and dedicated’ practice includes ‘incisive adviser’ Barry Hembling, who has been busy on behalf of Merlin Entertainments, advising on a portfolio of leisure-related construction projects globally. The team also has expertise in renewable energy and is acting for BTS Biogas on the construction of an anaerobic digestion plant in south Yorkshire. Gillian Birkby and Alan Woolston head the practice and handle a mix of contentious and non-contentious work.

Legal 500

Fladgate LLP has been advising on several mature PFI projects in the healthcare and education sectors. Recent highlights include advising a US medical equipment company on a PPP-type project to upgrade and run oncology facilities at a central London hospital.

Legal 500

Clients appreciate the depth of knowledge on offer at this London-based firm. It is particularly well regarded for its work on PFI/PPP schemes. The team recently advised on the negotiation of contracts relating to the redevelopment of the former Clapham Leisure Centre.

Chambers UK

This firm is particularly noted for its expertise in PFI projects, especially relating to the health and education sectors. Gillian Birkby heads the construction team and has been leading the team’s work in the waste-to-energy sector. Alan Erwin has impressed clients with his efficient approach.

Chambers UK

  • Irish Government – DBFO and maintenance agreements for Dublin Metro North, the proposed €4bn underground light railway project, remaining one of the largest investment grade bond financed projects in Europe to date. The project was the first non–housing PPP in the country involving the development of bespoke documentation drawing on experience of SoPC4, the Irish NDFA model terms and UK precedent light rail projects.
  • Hitachi Zosen Inova AG – contract with Riverside Resource Recovery Ltd for building one of the largest energy from waste plants in the UK in Belvedere, London.
  • Prysmian Cables & Systems/Powerlink – variety of offshore wind projects including offshore cabling works for the Global tech 1 offshore wind farm in the German exclusive economic zone of the German North Sea, cabling works to support multiple renewable generation projects in and around the Hunterston area and advice relating to onshore and offshore works as part of the flagship 576 MW Gwynt–Y–Mor offshore wind farm project – one of the largest offshore wind farms currently constructed.
  • St Helens and Knowsley Hospital PFI – advising the building contractor and FM services provider in respect of on–going matters during the construction of the £430m St Helens and Knowsley Hospital PFI.
  • Equitix Limited – acting on a number of secondary market PFI asset acquisitions in the healthcare, education, courts and housing sectors.
  • The Queen Elizabeth Olympic Park – various issues in relation to the park, including: utilities – advising on the land assembly, tunnelling works and capacity issues for legacy, including the use of renewables; supply – advising on the major electricity supply contract for the Park; infrastructure – negotiating with railway companies, waterways, highway authorities and telecoms on service provision and infrastructure; and land assembly – advising on the legal strategy for managing risks arising from the land assembly on the Park.
  • Outdoor festival venue for the London 2012 Olympic Games – advising the operator on a suite of contractual arrangements for the development of the outdoor festival venue for the London 2012 Olympic Games and the three year legacy project on land at Royal Victoria Docks including advice on land rights, construction and operation contracts, public finance conditions to support the £3m local council grant and infrastructure interface issues in negotiation with TfL to support direct access to Pontoon Dock DLR station.
  • Cathedral Group – major urban renewal schemes comprising mixed–use PPPs in the London Boroughs of Lewisham and Newham.
  • Allenby & Connaught (MoD Estates) – advising this construction joint venture in the largest infrastructure PFI ever let by the Ministry of Defence and remaining the largest estates PFI to date (£12bn value over its 35 year term) in relation to both the building contract (£1.45bn) and the utility works subcontract (£95m) for the upgrade of accommodation and the provision of a range of services for the British Army’s garrisons over a ten year construction programme. The project is multi–award winning with accolades including the award for Excellence in Defence Acquisition and the Public Private Finance Award for Best Operational Defence Scheme.
  • Housing PFI projects – advising on a number of significant housing PFI projects (Islington, Reading, Lambeth, Kirklees, Oldham), including disseminating the learning from particular projects and advising the Government on standard form contracts.
  • Eleclink Limited – advising in relation to the suite of agreements entered into with National Grid for the connection and supporting transmission infrastructure and the bilateral agreement as part of a pioneering project to establish a connection between the UK and French grids to allow transfer of power between the two countries. This innovative project costing in the region of €250m is a joint venture between STAR and Eurotunnel to provide a 75km long interconnector in the service tunnel of the Eurotunnel with a capacity of 1,000 MW to optimise generation and supply between the two countries.

Integrated

Our clients come to us to solve problems that are often complex and multifaceted. We draw together the multiple strands of a business or personal challenge into a coherent, integrated legal response that combines the knowledge and experience of experts in all the relevant fields.

Partner-led

We operate in small teams in which partners not only take the lead but also do a significant amount of the detailed work. Clients can be assured that the partners they engage and brief will remain closely involved in developing and delivering the advice as part of our close-knit, expert teams.

Experienced

Fladgate has a long heritage of delivering high-quality legal advice. We have been providing practical legal solutions to businesses and private clients for over 250 years. Today we are one of the UK’s top 100 law firms, with over 80 partners and a reputation for providing solutions that work.