PFI Disputes in the Run-Up to Expiry & Handback: Managing Defects, Financial Risk & Emerging Claims

Introduction

A significant number of PFI projects are now approaching expiry, bringing increased scrutiny to asset condition, lifecycle obligations, deferred maintenance and the contractual requirements for handback.

As projects enter their final years, issues that may have been managed informally or left unresolved for many years can develop into substantial disputes. Public authorities, SPVs, FM providers and contractors are increasingly focused on who bears responsibility for defects, deterioration, replacement works and the costs of achieving the required handback condition.

This practical session will focus on the disputes most likely to arise in the run-up to expiry and the steps that parties should take now to protect their position.

What You Will Learn

This live and interactive session will cover the following:

• The PFI expiry challenge - Why disputes are increasing
• Understanding the contractual framework
• Asset condition, lifecycle and handback disputes
• Historic defects and legacy issues
• Rectification, deductions and financial exposure
• Managing and resolving PFI disputes
• Recent developments and emerging lessons
• Preparing for handback - Avoiding the dispute
• Key takeaways
• Live Q&A

By the end of the session, delegates will understand the key contractual, handback, asset condition and legacy issues arising as PFI contracts approach expiry. They will also be better equipped to prepare and evidence claims, select appropriate dispute resolution strategies and take practical steps towards a successful handback.

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.