Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“LexisPSL and the other Lexis solutions support our business in exactly the way we want. They enable us to quickly turn around work and deliver the best possible service to our clients.”

SBP Law

Access all documents on Project Co (see also PFI Contractor or the Contractor)

Project Co (see also PFI Contractor or the Contractor) meaning

What does Project Co (see also PFI Contractor or the Contractor) mean?
In PFI/PPP practice, Project Co is the private‑sector project company that signs the Project Agreement with the Authority (the public sector counterparty) to design, build, finance and operate the asset or service. In almost all cases it is a ring‑fenced special purpose vehicle (SPV) established for the project, backed by sponsors and funded on a limited‑recourse basis. Project Co subcontracts delivery (e.g. EPC/build and O&M), grants security to lenders, and is party to direct agreements that give funders and the Authority step‑in and termination rights. The term is a transactional label rather than one defined by legislation or case law; it is typically defined in the Project Agreement itself. Usage and legal effect are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, though local documentation may use PPP Co, DBFM Co, Concessionaire or simply the Contractor. Project Co is the primary risk bearer and claims interface (e.g. change in law, availability/performance deductions) and the focus of due diligence, security packages and termination compensation calculations. See also: PFI Contractor; the Contractor.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Practice Notes about Project Co (see also PFI Contractor or the 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...

Read More Right Arrow
PRACTICE NOTES
PFI/PF2 construction sub-contracts: drafting and risk flow-down, equivalent project relief, HGCRA payment and adjudication, stepped timescales, dispute resolution, case law guidance and insolvency/replacement contractor issues

Background to the Construction Sub-contract PFI structure—diagram sets out the basic structure of a PFI project This Practice Note considers the Construction Sub-contract linking Project Co with the Construction Sub-contractor (also known as the Construction Contractor) within a PFI or PF2 arrangement. In the 2018 Budget, presented on 29 October 2018, the government confirmed it would cease using PFI and PF2 for new schemes (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). Nonetheless, live PFI and PF2 schemes will continue, and, given their usual duration, are expected to operate for many years... Where a project involves a built asset (as is commonly the case), a Construction Sub-contract (also termed the ‘Construction Contract’) is entered into between Project Co and the Construction Sub-contractor. Under it, the Construction Sub-contractor undertakes the construction stage of the project (the period when the assets are actually delivered), prepares it for handover to the public sector body, and for the subsequent maintenance phase...

Read More Right Arrow