Lawyers Playing Doctors and Nurses - PFI in the Health Sector

Catherine Burke and Michael Craik

May 2007

Two papers given tomeetings of the Society of Construction Law in London on 9th February and Birmingham on 23rd November 2006

What contractual arrangements underpin PFI projects in the NHS, and what unsolved problems have they caused? In this two-part paper, Catherine Burke outlines the aims and techniques of the use of PFI within the UK health system; Michael Craik then looks at specific contractual issues affecting the construction contract within a PFI project, including the Midland Expressway case, the role of the Independent Tester, and other dispute resolution issues.

PAT A: PHI and health care - PFI: the basics - Issues specific to the health sector - The 'risk matrix' - Funding issues - Interface agreements - PAT B: Construction contract issues - 1. 'Equivalent project relief': the Midland Expressway case - 2. The role and position of the Independent Tester - 3. 'Fitness for purpose', obsolescence and flexibility - 4. Dispute resolution procedure.

The authors: Catherine Burke is a partner and head of the Capital projects Group at Martineau Johnson, solicitors and Michael Craik is a partner in the Construction team at of Martineau Johnson.

Text 21 pages.

PDF file size: 176k