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Access all documents on FM Contractor (O&M contractor) (see also Hard FM Contractor and Soft FM Contractor)

FM Contractor (O&M contractor) (see also Hard FM Contractor and Soft FM Contractor) meaning

What does FM Contractor (O&M contractor) (see also Hard FM Contractor and Soft FM Contractor) mean?
An FM contractor (also called an O&M contractor) is the service provider engaged to operate, maintain and manage completed facilities under a facilities management or operations and maintenance contract. In PFI/PPP structures (including DBFO/DBFM), the FM contractor is usually subcontracted by project co under an FM/O&M subcontract to deliver post‑completion services in line with agreed service levels, availability and performance regimes, with payment and deductions governed by the project payment mechanism. Services may include hard FM (fabric and M&E maintenance, statutory testing, lifecycle replacement) and/or soft FM (for example, cleaning, catering, security). The contractor’s obligations typically cover planned and reactive maintenance, compliance with law and health and safety, reporting, and interface with the construction contractor during commissioning and the defects period. The expression is not defined in legislation or case law; it is an industry term used across construction, real estate and outsourcing. Outside PFI/PPP, an FM contractor may contract directly with the owner, landlord, tenant or public authority. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, though scope (for example, lifecycle and handback obligations, and TUPE risk) depends on the contract. See also Hard FM Contractor and Soft FM Contractor.
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View the related Practice Notes about FM Contractor (O&M contractor) (see also Hard FM Contractor and Soft FM Contractor)

PRACTICE NOTES
UK PFI, PF2 and PPP glossary: contracts, changes, payment mechanisms, FM services, risk allocation, adjudication and handback

Abandon Describes a situation where the contractor halts performing the works for an extended, uninterrupted span of days (eg 20 business days) or for a greater aggregate of non-consecutive days (eg 60 business days) across the project’s duration or within a stated timeframe (eg 12 months), doing so wilfully and without justification at any stage of delivery or execution. Abandonment is ordinarily treated as a contractor default, enabling the Authority to terminate the Project Agreement and/or permitting Project Co to end the construction contract immediately for cause. Acceptance Tests Tests carried out to confirm whether the facility (or another project asset) achieves the standards required for the Authority to deem facility complete and accept it. Access Protocol The protocol that Project Co must follow in order to obtain access to the buildings forming part of the project at any time during the term. For instance, on a social housing scheme or a school, prerequisites would have to be satisfied by Project Co before...

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