Private Finance Initiative/Public Private Partnership: A Contractor's Perspective

Martin Lenihan

December 2002

A paper given to a meeting of the Society of Construction Law in London
on 15th October 2002.

The paper looks at the commercial and legal aspects of PFI which are
of particular concern to the contractor, and considers how the contractor's
legal team attempts to manage risk when drafting, reviewing and negotiating
PFI documentation. The origins of PFI contracts is explored. The NHS Executive
standard contract documentation is considered in some detail.

PFI/PPP: general context - Where we are at present - The future - ole
of the contractor's lawyer in PFI transactions - The project agreement
- What the contractor's lawyers look out for - NHS standard form project
agreement: summary - NHS standard form project agreement: details - The
design and build contract - Conclusion.

The author: Martin Lenihan BA (Hons), LLM (Lond), ACIArb, barrister, is
legal adviser to the Skanska Construction Group Limited.

PDF file size: 298k