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This Practice Note explores the principal parties commonly engaged in a PFI or PF2 project. It outlines the functions of public sector participants, private sector counterparts, finance providers and sub-contractors, together with support providers and other professionals involved. In the 2018 Budget (delivered on 29 October 2018), the government confirmed it would cease using PF2 for new schemes (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). Nonetheless, live PFI and PF2 arrangements remain in operation and, given the usual duration and lifespan of these schemes, are expected to do so for many years to come. Public Sector Authority/Trust This is the public sector organisation that originates and procures the PFI scheme in question and seeks to have the asset constructed and properly maintained (the label 'Trust' applies only to NHS schemes). The public body will typically be a local authority (including fire and rescue and (formerly) police authorities), an NHS Trust or a government department or non-departmental public body. The Authority/Trust enters into a...
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...
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z ICC May denote the Infrastructure Conditions of Contract (see below) or the International Chamber of Commerce (see below). ICE Refer to Institution of Civil Engineers below. ICT contract In PFI/PPP schemes with a substantial Information Communications Technology (ICT) element (for example, a school), a distinct ICT contract is put in place between Project Co and an ICT contractor to provide ICT services and/or infrastructure. See Practice Note: Key documents in a PFI/PF2 project. IFC Refer to Issued for construction below. Implied term A provision read into a contract in addition to those expressly agreed by the parties. Implied terms fall broadly into three types: implied by statute, by common law or by fact. See Practice Note: Implied terms in construction contracts. Incoterms Short for ‘International Commercial Terms’—a suite of internationally recognised terms and conditions employed in...