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.

Fladgate LLP’s team contains lawyers with commercial, corporate and construction backgrounds. As a result, it is able to assist its clients, which include investors, consortium-members, contractors and public sector bodies, on a variety of infrastructure matters, such as refinancing and renewables work, as well as procurement and PFI/PPP projects. The practice is led by Andrew Bessemer Clark, who has experience in mergers and acquisitions. Sam Tye also specialises in M&A work as well as advising on joint ventures and corporate finance matters in the infrastructure field. David Weare  meanwhile has a strong skillset in disputes and construction matters.

Legal 500, 2020
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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

‘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.

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.