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Contractual and Legal Issues in PPP/PFI Projects
17 October - 18 October 2007
Contractual and Legal Issues in PPP/PFI Projects
As you know, PPP deals are very complex and technical, with contract design and contracting procedures being of upmost importance. This event will look at how PPP deals are put together, the different types of contracts that exist and the manner in which they are developed.

Incorporating key case studies and presentations from influential experts and decision-makers, this forum promises to be an unparalleled source of information on the latest contractual and legal issues in PPP/PFI and will provide excellent networking opportunities.

Don’t miss your chance to hear from expert speakers such as:
  • Norman Ballantyne, Project Director, Legal Services, 4ps
  • Amar Qureshi, Guidance and Contracts Coordinator, Waste Implementation Programme, Department of Environment, Food and Rural Affairs (DEFRA)
  • James Robertson, Chief Economist and Director PFI Value for Money Studies, National Audit Office
  • Malcolm Costigan, Legal Counsel, Danish Palaces & Properties Agency
  • David Stark, Managing Director, Keppie Design
  • Dr Andrew Edkins, Senior Lecturer, Interdisciplinary Management of Projects, The Bartlett School of Construction & Project Management, University College London
  • David Kyte, Vice President & Managing Director, Hill International (UK)
  • Andrew Brydon, Partner, Simmons & Simmons
  • Michael Polling, Partner, Simmons & Simmons
  • Sophie Charveron, Associate, Construction and Engineering and Projects Group, Kirkpatrick & Lockhart Preston Gates Ellis  LLP
Chaired by: 
  • Norman Rose, Director-General, Business Services Association
Benefits of attending:
LEARN how to create the ideal conditions for contract management
STRENGTHEN your long term business partnerships
REVIEW drafting exercises for PPP/PFI projects
UNDERSTAND negotiation tactics in light of standardised contracts
ASSESS various procurement issues across sectors

Conference agenda

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13:30

Registration & Coffee

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14:00

How to demonstrate risk analyses done for PPP proposals are fit for purpose

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15:00

Positive and negative examples of risk work and techniques used to test them

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16:00

Morning Coffee

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16:30

Interactive session

  • Attendees will be asked to assess some example and decide whether or not they are of a quality suitable for making an investment decision
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    17:30

    Close of Interactive Workshop

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    8:30

    Registration & Coffee

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    9:00

    Chairman's Opening Remarks

    Norman Rose

    Norman Rose, Director-General, Business Services Association

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    9:10

    IMPROVING THE PFI TENDERING PROCESS

    James Robertson

    James Robertson, Chief Economist and Director PFI Value for Money Studies, National Audit Office

  • Timelines and costs – how can they be improved?
  • Making sure potential bidders tender
  • Impact of Competitive Dialogue
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    9:50

    THE EVOLUTION OF A PPP MODEL

    Malcolm Costigan

    Malcolm Costigan, Legal Counsel, Danish Palace and Properties Agency

  • PPP in theory
  • Learning the hard way
  • New implications and processes used in the formation of the current contract model
  • Applying the model to a specific project
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    10:30

    Morning Coffee

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    11:00

    THE EMERGING CONTRACTUAL MODEL

    Norman Ballantyne

    Norman Ballantyne, Project Director - Legal Services, 4ps

  • Using standard suites of agreements
  • Public - private joint ventures
  • To LEP or not to LEP
  • Delivering future projects through the LEP
  • Value for money in BSF
  • Lessons from NHS LIFT
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    11:40

    POSITIVE PERFORMANCE MEASURES AND HARMONIOUS INCENTIVES

    Mikko Ramstedt

    Mikko Ramstedt, Senior Project Advisor, Financial Partnerships Unit, The Scottish Office Development Department

  • Pre-thinking the process of a contract
  • Tendering and selection of preferred bidder
  • Examples from previous positive co-operation
  • Usage-based payments as a common compensation method
  • Determining adequate contract completion methods
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    12:20

    Networking Lunch

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    13:50

    MOD PAV1

  • Principal similarities and differences with SOPC4
  • Commercial and drafting issues
  • Key negotiating points
  • Michael Polling

    Michael Polling, Senior Associate, Simmons & Simmons

    Andrew  Brydon

    Andrew Brydon, Senior Associate, Simmons & Simmons

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    14:30

    DESIGN AND PROCUREMENT ISSUES IN PFI

    David Stark

    David Stark, Managing Director, Keppie Design

  • Investment for whole facilities, whole life and robust design solutions
  • A timescale for design and procurement
  • The changes brought about by competitive dialogue
  • How prescriptive should public sector clients be?
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    15:10

    THE WASTE INFRASTRUCTURE DELIVERY PROGRAMME (WIDP)

    Amar Qureshi

    Amar Qureshi, Guidance and Contracts Coordinator, Waste Implementation Programme, Department of Environment, Food and Rural Affairs (DEFRA)

  • WIDP’s action plan
  • Progress to date
  • The PFI process in waste
  • Next steps
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    15:50

    Chairman’s Closing Remarks, followed by Afternoon Tea

    *Subject to final confirmation

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    8:30

    Registration & Coffee

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    9:00

    Chairman's Opening Remarks

    Norman Rose

    Norman Rose, Director-General, Business Services Association

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    9:10

    LARGEST PPP SCHEME IN FRANCE TO DATE

    Jérôme Fleury

    Jérôme Fleury, Director of PPP, Eiffage Group

  • Project history
  • Procedure development
  • Financing and contractual structure
  • Legal and contractual matters
  • Project progress to date
  • French PPP market prospective
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    9:50

    PPP/PFI IN SCANDINAVIA

    Lars-Henrik Andersson

    Lars-Henrik Andersson, Associate, Advokatfirman Lindahl KB

  • Historical and cultural reasons for the lack of PPPs in Scandinavia
  • Previous PPPs in Sweden
  • Upcoming PPPs in Scandinavia
  • Dealing and negotiating with an inexperienced government
  • Getting the deal done and achieving a result which you can live with
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    10:30

    Morning Coffee

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    11:00

    GETTING TO FINANCIAL CLOSE

    Malcolm McKillop

    Malcolm McKillop, Project Director, Mid Essex Hospital Services NHS Trust

  • The contractual and organisational framework for healthcare PFI
  • What does ‘project specific’ really mean?
  • Negotiating: both the style and the substance
  • Legal clarity: what does it mean?
  • How to control the process and timetable
  • Who really controls deal closure?
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    11:40

    PROJECT MANAGEMENT AS AN INSTRUMENT FOR CONTRACT MANAGEMENT

    Keith Strutt

    Keith Strutt, Senior Consultant, Hill International

  • Risk management: factors you need to consider in order to manage risks
  • What other avenues exist to motivate the parties?
  • How can the involvement of top level executives in steering committees expedite "in-house" dispute resolution?
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    12:20

    Networking Lunch

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    13:50

    MANAGING THE 3RD P

    Dr Andrew Edkins

    Dr Andrew Edkins, Senior Lecturer, Interdisciplinary Management of Projects, The Bartlett School of Construction & Project Management, University College London

  • Theory suggests that transactions can be contracted completely, reality is somewhat different
  • A partnership suggest an emphasis on the relationship not the transaction
  • The parties in the partnership need to recognise both how to prepare and manage the relationship
  • Why is measuring the performance of partnerships is not straightforward
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    14:30

    BENCHMARKING AND MARKET TESTING

    Bob Horner

    Bob Horner, Chief Executive, CorLa

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    15:10

    PFI AND THE COMPETITIVE DIALOGUE

    Sophie Charveron

    Sophie Charveron, Associate, Construction and Engineering and Projects Group, Kirkpatrick & Lockhart Preston Gates Ellis LLP

  • When can the Competitive Dialogue be used for PFI projects?
  • What is expected from bidders during the dialogue phase?
  • What is the scope for discussion during the dialogue and what are the risks?
  • How complete do the tenders need to be?
  • What is fine-tuning?
  • What are the implications of the new standstill period?
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    15:50

    Chairman’s Closing Remarks followed by Afternoon Tea

    Workshops

    Assurance: Checking PPP/PFI Risk Analysis

    Assurance: Checking PPP/PFI Risk Analysis

    The Hatton, at etc. venues
    16 October 2007
    London, United Kingdom

    The Hatton, at etc. venues

    51/53 Hatton Garden
    London EC1N 8HN
    United Kingdom

    The Hatton, at etc. venues

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    WHAT IS CPD?

    CPD stands for Continuing Professional Development’. It is essentially a philosophy, which maintains that in order to be effective, learning should be organised and structured. The most common definition is:

    ‘A commitment to structured skills and knowledge enhancement for Personal or Professional competence’

    CPD is a common requirement of individual membership with professional bodies and Institutes. Increasingly, employers also expect their staff to undertake regular CPD activities.

    Undertaken over a period of time, CPD ensures that educational qualifications do not become obsolete, and allows for best practice and professional standards to be upheld.

    CPD can be undertaken through a variety of learning activities including instructor led training courses, seminars and conferences, e:learning modules or structured reading.

    CPD AND PROFESSIONAL INSTITUTES

    There are approximately 470 institutes in the UK across all industry sectors, with a collective membership of circa 4 million professionals, and they all expect their members to undertake CPD.

    For some institutes undertaking CPD is mandatory e.g. accountancy and law, and linked to a licence to practice, for others it’s obligatory. By ensuring that their members undertake CPD, the professional bodies seek to ensure that professional standards, legislative awareness and ethical practices are maintained.

    CPD Schemes often run over the period of a year and the institutes generally provide online tools for their members to record and reflect on their CPD activities.

    TYPICAL CPD SCHEMES AND RECORDING OF CPD (CPD points and hours)

    Professional bodies and Institutes CPD schemes are either structured as ‘Input’ or ‘Output’ based.

    ‘Input’ based schemes list a precise number of CPD hours that individuals must achieve within a given time period. These schemes can also use different ‘currencies’ such as points, merits, units or credits, where an individual must accumulate the number required. These currencies are usually based on time i.e. 1 CPD point = 1 hour of learning.

    ‘Output’ based schemes are learner centred. They require individuals to set learning goals that align to professional competencies, or personal development objectives. These schemes also list different ways to achieve the learning goals e.g. training courses, seminars or e:learning, which enables an individual to complete their CPD through their preferred mode of learning.

    The majority of Input and Output based schemes actively encourage individuals to seek appropriate CPD activities independently.

    As a formal provider of CPD certified activities, SAE Media Group can provide an indication of the learning benefit gained and the typical completion. However, it is ultimately the responsibility of the delegate to evaluate their learning, and record it correctly in line with their professional body’s or employers requirements.

    GLOBAL CPD

    Increasingly, international and emerging markets are ‘professionalising’ their workforces and looking to the UK to benchmark educational standards. The undertaking of CPD is now increasingly expected of any individual employed within today’s global marketplace.

    CPD Certificates

    We can provide a certificate for all our accredited events. To request a CPD certificate for a conference , workshop, master classes you have attended please email events@saemediagroup.com

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