Peter Jansen
Peter is a highly experienced construction lawyer and has advised clients on projects and dispute resolution both in the UK and internationally.
His advisory work has included assisting governments and government entities, local authorities, lenders, consortia and concession companies, developers, engineers and contractors.
Peter has extensive knowledge of the principal sectors engaged with the construction industry and a close understanding of the forms of contracts (and related legal materials) it uses, their structure and how they function in allocating risk.
His approach is commercial and collaborative, identifying and agreeing objectives for achieving the best and most cost effective solutions for the client. In both contentious and transactional work, this is most often obtained by taking firm, well supported but pragmatic positions.
Peter has lectured in construction law at the University of Hong Kong, is a speaker at numerous conferences and seminars and is a trainer for MBL.
Practice Area
Panel
- Contributing Author
8 Contributions by Peter Jansen
PRACTICE NOTES
IChemE ‘Green Book’ 4th Edition (2013): cost reimbursable process plant contracts—key terms, Red Book contrasts, risk/insurance, payment, variations, testing/acceptance, performance, liability caps, disputes, and AI oversight
Following the 1968 publication of the Conditions of Contract for Process Plants for Lump Sum Contracts, the Institute of Chemical Engineers (IChemE) introduced in 1976 a reimbursable contract form titled the 'Green Book'. The second and third editions of the Green Book were issued in 1992 and 2001 respectively. This Practice Note considers the 2013 (4th Edition) Green Book, concentrating on the nature of cost reimbursable contracts. As with other IChemE agreements, the Green Book sets out detailed provisions for testing at completion and for commissioning, making it well suited to process engineering fields including nuclear, water, petrochemicals, steel and food. The Green Book adopts an almost identical format to the Red Book in respect of clauses, layout and schedules. Its drafting is likewise very close, departing from the Red Book text only so far as required to reflect the implications of using a cost reimbursable contract, and this Practice Note ought to be read in conjunction with IChemE Conditions 5th Edition—'Red Book'.
Nature of cost reimbursable contracts
The IChemE sets out advantages and disadvantages of cost reimbursable contracts against lump sum arrangements...
Construction
PRACTICE NOTES
IChemE Burgundy Book 2nd Edition: target cost process plant contracts; key provisions on cost control, pain/gain sharing, testing, insurance, termination, liability caps, payment and disputes, with 2025 AI guidance
This practice note addresses the 2nd Edition of the Burgundy Book, released in 2013, with particular emphasis on its role as a target cost form. In line with all IChemE agreements, the Burgundy Book contains thorough requirements for testing at completion and for commissioning, making it especially well suited to process engineering sectors such as nuclear, water, petrochemicals, and food. The suite adopts an almost entirely uniform structure across clauses, presentation and schedules. Departure from the standard drafting occurs only where needed to set out the mechanism delivering the risk/reward regime—in this instance, remuneration on a target cost footing. See also Practice Notes: IChemE Conditions 5th Edition—‘Red Book’ and IChemE Conditions ‘Green Book’ 4th Edition.
Nature of Target Cost Contracts
Target cost denotes that the contractor receives payment of the ‘actual cost’ it incurs (as defined), akin to a reimbursable arrangement but constrained by an agreed target cost. Where the actual cost surpasses the target, any additional sum payable to the contractor is reduced—often to nil. If the final cost sits below the target cost, the saving achieved is then shared between the contractor and the purchaser...
Construction
PRACTICE NOTES
IChemE EPCM ‘Blue Book’: legal guide to EPCMC obligations, works contract management, pricing, time/LADs, payment, completion, defects, risk allocation, liability caps, dispute resolution, and 2024–2025 amendments, AI guidance
EPCM ‘Blue Book’ (IChemE, March 2023)
This Practice Note reviews the engineering, procurement and construction management (EPCM) form of contract, commonly termed the ‘Blue Book’, released by the Institute of Chemical Engineers (IChemE) in March 2023. Construction management is now a widely recognised procurement route; nevertheless, it differs fundamentally from other IChemE contracts, particularly when set against the EPC approach to allocating risk...
Where many other contracts prioritise delivery by a single contractor who assumes significant design and construction risk, EPCM dispenses with any sole ‘contractor’ undertaking the works. Instead, trade contractors (the ‘Contractors’) contract directly with the Purchaser under Works Contracts to design, supply and install goods and materials for the Plant. Their activities are directed by the EPCM contractor (the ‘EPCMC’), and performance risk is distributed across multiple Contractors. The EPCMC is appointed to provide the management services required to oversee and coordinate their performance in constructing the Plant. See also Practice Note: Construction management for broader guidance on the route, and for other IChemE forms consult Practice Notes: IChemE Conditions ‘Burgundy Book’ 2nd...
Construction
PRACTICE NOTES
IChemE Red Book 5th Edition: Legal analysis of key clauses, risk, insurance, testing and disputes, with 2020–2025 amendments and AI guidance, for UK process plant lump‑sum contracts
The Institute of Chemical Engineers (IChemE) first issued the Model Form of Conditions of Contract for Process Plants for Lump Sum Contracts in the UK in 1968. Subsequent editions followed in 1981, 1995 and 2001. This Practice Note examines the 2013 fifth edition for lump sum arrangements. It revises the 2001 text to reflect current legislation and brings in other targeted alterations.
IChemE’s comprehensive clauses on tests on completion and on commissioning mean it is particularly apt for process plant schemes. It is commonly adopted on projects falling outside the statutory definition of ‘construction operations’ under the HGCRA, such as nuclear processing, power generation, water treatment, and the processing of petrochemicals, steel, food and drink. Nonetheless, IChemE’s payment regime fully meets the HGCRA.
The contract set comprises general and special conditions, a specification (the plant’s technical description) and 21 schedules. The special conditions and schedules, including precise payment provisions, are tailored for each individual contract.
Cooperation
The fifth edition imposes an obligation on the parties to co-operate and to act fairly, transparently and in good faith towards one another, with a reciprocal duty to disclose relevant information to each other (clause 2)...
Construction
PRACTICE NOTES
IChemE Yellow and Brown Sub-contracts (2013): Back-to-back terms, insurance (LEG 2), testing/acceptance, liability caps, claims, payment and dispute resolution; 2020–2025 amendments (incl. AI)
This Practice Note provides a review of the 2013 versions of the IChemE Yellow Book (4th Edition) and Brown Book (3rd Edition) sub-contract forms. They are designed to accompany the trio of comparable IChemE main contract forms—the Red, Green and Burgundy Books—used on process plant projects. For the main contracts, refer to the following relevant Practice Notes:
IChemE Conditions 5th Edition—‘Red Book’
IChemE Conditions ‘Green Book’ 4th Edition
IChemE Conditions ‘Burgundy Book’ 2nd Edition
Respectively, the Yellow Book addresses civil engineering works, while the Brown Book deals with ‘subcontract plant’ supplied by a sub-contractor. A full specification of the sub-contract works ought to be included in Schedule 1 of both the Yellow and Brown Books themselves.
Nature of sub-contracting
The sub-contract works form a subset of the main contract works (and any sub-contract plant may constitute an element of the main contract plant), delivered by the sub-contractor on a strictly ‘back-to-back’ basis. This arrangement calls for an explicit confirmation that the sub-contract works (and plant) comprise part of the main contract works/plant. Under the Yellow/Brown Books, the sub-contractor expressly promises not to place the contractor in breach of its parallel duties under the main contract (clause 3.10)...
Construction
PRECEDENTS
Contractor-friendly parent company guarantee of contractor performance under a construction contract—English law
This Guarantee is entered into the [ insert date ] day of [ insert month ] 20[ insert year ]
Parties
[ insert name of Guarantor ] (Company No. [ insert company number ]) [ of OR whose registered office is at ] [ insert address ] (the ‘Guarantor’, which expression includes its successors in title and permitted assigns); and
[ insert name of Employer ] (Company No. [ insert company number ]) [ of OR whose registered office is at ] [ insert address ] (the ‘Employer’, which expression includes its successors in title and permitted assigns).
Background (A)
By a written agreement (the ‘Contract’) dated [ insert date ], entered into between (1) the Employer and (2) [ insert name of Contractor ] Company (No....</final
Construction
PRECEDENTS
Employer’s Parent Company Guarantee Deed in Favour of Contractor for Employer’s Obligations under a Construction Contract (English law)
This Guarantee is entered into on the [ insert date ] day of [ insert month ] 20[ insert year ]
Parties
[ insert name ] (Company No. [ insert number ]), [ of OR whose registered office is at ] [ insert address ] (the ‘Guarantor’).
[ insert name ] (Company No. [ insert number ]), [ of OR whose registered office is at ] [ insert address ] (along with its successors and assigns, the ‘Contractor’).
Background
Under a contract dated [ insert date ] (the ‘Contract’) between (1) [ insert name ] (the ‘Employer’) and (2) the Contractor, the Contractor has undertaken to carry out and complete specified works (the ‘Works’) in accordance with the terms and conditions set out in the Contract.
The Employer has agreed to procure the provision of a guarantee on these terms (the ‘Guarantee’). The Employer is a wholly owned subsidiary of the Guarantor.
The Guarantor has agreed to guarantee the Employer’s performance of its obligations under the Contract...
Construction
PRECEDENTS
Employer‑Friendly Parent Company Guarantee for Construction Contract Performance — English Law Deed Precedent
This Guarantee is entered into on the [ insert number ] day of [ insert month ] 20[ insert year ] by the parties set out below.
Parties
[ insert name ] (Company No. [ insert number ]) of/whose registered office is at [ insert address ] (the ‘Guarantor’); and
[ insert name ] (Company No. [ insert number ]) of/whose registered office is at [ insert address ] (together with its successors and assigns, the ‘Employer’).
Background
Under a contract dated [ insert date ] (‘the Contract’) made between (1) the Employer and (2) [ insert name ] (‘the Contractor’), the Contractor has undertaken to carry out and complete certain works (‘the Works’) in accordance with the terms and conditions set out in the Contract.
Pursuant to the Contract, the Contractor has undertaken to secure the provision of a guarantee in the form of this document (the ‘Guarantee’). The Contractor is a wholly owned subsidiary of the Guarantor.
At the Contractor’s request, the Guarantor has agreed to guarantee the Contractor’s performance of the Contract...
Construction
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