| Call 1998
Profile: Local Government
Experience and Expertise
Anthony is regularly instructed by Local Authorities in relation to their contracts with economic providers, in relation to:
- Interpretation: the proper construction of contracts – e.g. (1) whether, by a modified version of the Manual of Contract Documents for Highways Works and by the IEE Wiring Regulations, both forming part of an infrastructure contract adopting modified NEC2, the Contract Standard/Specification for certain Street Lighting works, required the provision of up to date – 17edn – inspection and testing certificates or whether certificates conforming to earlier editions were compliant, and (2) whether side letters, exchanged between a local authority and its economic operator, as part of a contractual escalation procedure under a £240M fixed term infrastructure contract, carried contractual force
- Price Adjustments – e.g. in relation to: (1) the applicability of Laing & Buisson real-term fee rates in the assessment of annual uplifts linked, contractually, to inflation; and (2) how to calculate variation of price, under an fixed term infrastructure contract, which had been varied, where the local authority contended for the use of average RPI over the preceding 12 month period. Whereas the economic operator contended for the application of the average increase in RPI over the same period
- Works: Defective works & failure to undertake works to the requisite contract standard (e.g. Street Lighting, Winter Services – recovery of monies paid through the contract and, in restitution, for monies had and received, where the Defect Correction Period had expired and where the works had not been performed to the contract standard (e.g. incorrect materials used or less material used than is required by the contract) but nevertheless charged for at the contract rate and price
- Final Accounts – including disputes concerning quantum and methodology of calculation of quantum under NEC infrastructure contracts and in particular the use of schedules of costs components, the use of Local Area Overhead, Changes in Law and Compensation Events
- Adjudication – preparation for and attendance at high value and complex construction adjudications concerning multiple issues including Street Lighting, Paving, Price and deceit
- High Court: When ADR has failed, Anthony appears for local authorities in the Queen’s Bench Division and the Technology and Construction Court for local authorities in their disputes with economic providers
- Mediation: preparation for and attendance at high value and complex construction adjudications concerning issues relating to variation of price, surface dressing and street lighting specifications under the Manual of Contract Documents for Highways Works and associated regulations
- Judicial Review: Anthony frequently has been instructed by local authorities to advise on and appear for them in judicial review proceedings launched against them in relation to contracts with economic providers.
In particular, Anthony was instructed to represent a LA in defence of an application for leave to judicially review a decision to terminate a services agreement following the service provider’s insolvency.