Andrew Hirst 15 November 2022

Could key infrastructure at risk if PFI contract expiry isn’t taken seriously?

Could key infrastructure at risk if PFI contract expiry isn’t taken seriously? image
Image: alljoh / Shutterstock.com

Over the next ten years, approximately 200 PFI contracts will expire with an asset value in the region of £10bn posing some complex challenges in relation to the return of infrastructure back to the public sector and its ongoing operation and maintenance.

PFI contracts provide critical public services in the sectors of education, health and social care, housing, waste and defence. To ensure the delivery of these vital public services and protect the public purse, these contracts need to be managed effectively throughout their life cycle.

In our experience, supporting a number of local government clients, the process and complexity for transition is being vastly underestimated, even authorities who believe they are approaching contract expiry early are likely to wish they had started sooner. Echoing this, the National Audit Office (NAO) wrote in its annual report that it had: 'identified opportunities to improve preparations and encouraged departments to take early action.'

Unless the handback process is properly managed authorities could find the infrastructure they receive back is in a much worse condition than expected. In an ideal world, buildings would come back in the condition required by the project agreement. However, that isn’t always likely to be the case partly because the handback processes and standards specified by early agreements are often unclear or underdeveloped.

It’s therefore crucial that the transition from the existing PFI contracts to any new arrangements is properly managed to ensure continuity of services and the facilities are handed over by contractors in an appropriate condition.

The management of the expiry of PFI contracts is essential for key infrastructure, but it also allows authorities to address legacy issues within the contract. We’ve worked with a number of clients to review PFI contracts in anticipation of them expiring. These contracts also often provide opportunities to drive sustainability and cost efficiencies, two topics high on the agenda for both public and private sectors. However, it is just important to act sooner, rather than later.

Andrew Hirst is partner at Womble Bond Dickinson

SIGN UP
For your free daily news bulletin
Highways jobs

Transport and Major Work Manager

Slough Borough Council
£54,556 to £60,085 per year Inclusive of Local Weighting Allowance of £1096
Drive the future of transport and infrastructure in Slough Slough, Berkshire
Recuriter: Slough Borough Council

Principal Enforcement Officer

North Yorkshire Council
£47,181 - £51,356
Make your next move a permitted development. Selby, North Yorkshire
Recuriter: North Yorkshire Council

Family Worker (Link Role)

Essex County Council
£33049.00 - £37698.00 per annum + pension
Family Worker (Link Role)Fixed Term, Full Time£33,049 up to £37, 698 per annum Location
Recuriter: Essex County Council

Principal Lawyer Litigation and Housing

Kirklees Metropolitan Council
£51,356 to £56,494 (Pay award pending)
We are looking for two enthusiastic, hardworking lawyers to take on leadership roles within our Litigation and Housing Team. Kirklees, West Yorkshire
Recuriter: Kirklees Metropolitan Council

Senior Policy Planner - Maldon District Council

Essex County Council
Negotiable
Please click here to view the full responsibilities and accountabilities of the Senior Policy Planner role.Maldon District Council is working in partn England, Essex, Maldon
Recuriter: Essex County Council
Linkedin Banner