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Hard FM Contractor (also known as Hard FM Sub-contractor) meaning

What does Hard FM Contractor (also known as Hard FM Sub-contractor) mean?
In practice, a hard fm contractor (also known as a Hard FM Sub-contractor) is the specialist service provider engaged to carry out the hard facilities management services, typically building fabric, mechanical and electrical maintenance (M&E), statutory inspections, and lifecycle replacement, for the asset during the services period. The expression is descriptive industry usage rather than a defined statutory term, and its meaning is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland. Usually appointed by project co under a hard FM sub-contract (or, in some structures, by the FM contractor), it undertakes to maintain the asset to specified availability/performance standards and to comply with legal and regulatory requirements. Its services are commonly tied to the project payment mechanism, with performance and availability deductions flowing down. Typical provisions include interface obligations with the construction contractor and soft FM provider, detailed planned/reactive maintenance and lifecycle programmes, reporting, compliance with health and safety and statutory testing regimes, and obligations to provide collateral warranties to the Authority, Project Co and funders, step-in rights, insurance, and performance security (often with a parent company guarantee). The term is widely used in PPP/PFI/PF2 and similar project-financed outsourcing arrangements.
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View the related Practice Notes about Hard FM Contractor (also known as Hard FM Sub-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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