Topic: Legislation & law

By Jonathan Norman
April 1st 2021

Procuring for Broader Social and Economic Value Full Report

Do current procurement practices enable supply chains to deliver solutions innovatively and provide their expertise effectively? Are supply chains able to deliver broader value than the subject matter of the contract that was procured?

Procurement is changing.

Join us to learn about the procurement and delivery approaches some of the current major projects are adopting to embed societal, environmental and economic benefits into their projects and the potential impact of the incoming public sector procurement regulations.

Since the development of the Infrastructure and Project Authority’s Routemap document suite in 2016, the procurement of infrastructure is changing focus from a specific asset or capability transaction to embrace the acquisition of broader benefits.

It is apparent that every infrastructure project has the potential to release greater economic and social value than the asset or capability that is being procured. Benefits such as local employment, sustainable supply chains and positive environmental impact on local communities.

The Government’s Green Paper: Transforming Public Procurement recognises the UK’s new internationals status and gives an opportunity to adapt the public sector procurement approach allowing greater focus on promoting transparency, local industry and society. This builds upon the works set out in the Public Services (Social Value) Act 2012 and the Cabinet Office publication Taking Account of Social Value in the Award of Central Government Contracts in 2020.

Publications such as the Construction Playbook and the ICE Maximising Social Value from Infrastructure Projects have played a part in championing this message. How can we as industry professionals adapt our procurement and contracting approaches to meet this challenge and ensure success? Current economic situations such as the COVID pandemic and its impact on business and individuals serve to highlight the increasing need to address value in procurement.

We’re delighted to confirm Martin Rowark, Partner, Gardiner & Theobald as Chair for this event. We will explore:

  • Methodologies used by different major projects to get the most value out of supply chains.
  • Examples of how social value benefits have been embedded into Procurement processes.
  • Potential outcomes of the Green Paper: Transforming Public Procurement.
  • How best practice in the procurement and delivery of major projects is continuing to evolve.
By Jonathan Norman
May 18th 2017

Global trends in the private finance of major projects Full Report

Public spending on major projects to improve infrastructure, support public services, upgrade communications and transform organisations is struggling to keep pace with investment need, not just in the UK but worldwide. The World Economic Forum estimates that for infrastructure alone the investment gap between what is being spent and what is needed to support global economic growth is an incredible $1trillion per annum. By 2030 it forecasts a $14trillion shortfall.

At the same time the world has experienced some game changing political developments, market turbulence and persistent low oil prices leading to uncertainty affecting investor sentiment. Despite this, and in some cases because of this, investors are seeking new opportunities for putting their capital to work.

The need for this private finance to make its way into major projects is on an upward trajectory, accelerated by population growth, urbanisation, the need for improved connectivity and of course the impact of climate change. It is therefore timely that the Major Projects Association brings together government leaders, investment funds, legal experts, project directors and consultants to examine, debate and inform on global trends within private financing of major projects.

Members may wish to examine previous MPA event highlights or research reports, for example:
Making Major Projects Bankable, 17th – 18th September 2014 at 5:30 pm, 32nd Annual Conference
And
World Economic Forum, How can we bridge the $1 trillion infrastructure gap?

There is no charge for this event for individuals from member organisations.

By Jonathan Norman
May 18th 2017

Global trends in the private finance of major projects Highlight Report

Public spending on major projects to improve infrastructure, support public services, upgrade communications and transform organisations is struggling to keep pace with investment need, not just in the UK but worldwide. The World Economic Forum estimates that for infrastructure alone the investment gap between what is being spent and what is needed to support global economic growth is an incredible $1trillion per annum. By 2030 it forecasts a $14trillion shortfall.

At the same time the world has experienced some game changing political developments, market turbulence and persistent low oil prices leading to uncertainty affecting investor sentiment. Despite this, and in some cases because of this, investors are seeking new opportunities for putting their capital to work.

The need for this private finance to make its way into major projects is on an upward trajectory, accelerated by population growth, urbanisation, the need for improved connectivity and of course the impact of climate change. It is therefore timely that the Major Projects Association brings together government leaders, investment funds, legal experts, project directors and consultants to examine, debate and inform on global trends within private financing of major projects.

Members may wish to examine previous MPA event highlights or research reports, for example:
Making Major Projects Bankable, 17th – 18th September 2014 at 5:30 pm, 32nd Annual Conference
And
World Economic Forum, How can we bridge the $1 trillion infrastructure gap?

There is no charge for this event for individuals from member organisations.

By Jonathan Norman
March 9th 2016

Gender pay gap reporting – what does this mean? Highlight Report

One of the most publicised employment related issues for 2016 is undoubtedly the proposed requirement for large employers to publish information showing the pay of male and female employees in their organisation. In February the Government issued its response to consultation on this issue in their paper “Closing the Gender Pay Gap” which outlined the reporting requirements.

This hour long event is an opportunity to hear what that means for your company; what information you will be required to report; and how you might need to prepare your company prior to the reporting requirements.

We are grateful to Clyde & Co for hosting this event.

By Jonathan Norman
May 19th 2015

What are the implications of mergers and acquisitions for the delivery of major projects? Full Report

2015 has seen continued growth in M&A activity, creating new opportunities, and new challenges, for all concerned. With this activity comes a tension between uncertainty for those concerned and a need to maintain focus on project delivery.

For clients, larger contractors may bring an increase in the ability of firms to carry out major projects effectively, but at the cost of a potential reduction in competitive tension and even greater difficulty in providing a level playing field for small to medium enterprises.

For contractors, consolidation can provide a strategic advantage, increasing their buying power or access to new markets while potentially reducing competition. From a shareholder perspective the benefits are clear, provided regulatory constraints can be effectively managed. Following consolidation, larger contractors may be more attractive to lenders and investors, potentially giving access to cheaper debt. Investors will be keen however to ensure that contractors do not overreach, taking on acquisition debt which may prove a drag on the consolidated business or diverting management attention from core business activities.

From an employee perspective consolidation brings uncertainty. Employees may face the prospect of redundancies in merged organisations, while suppliers may find their bargaining position substantially weaker when faced with fewer and larger contractors.

Our seminar will consider how best to successfully deliver major projects in the face of M&A activity, addressing the following key questions:
• What are the strategic drivers for M&A activity in the UK and globally?
• What can we learn from previous experiences?
• What are the impacts of consolidation for clients?
• How are employee concerns addressed in a merger context?
• What are the stoppers and regulatory constraints?
• What are the financial implications?

By Jonathan Norman
May 19th 2015

What are the implications of mergers and acquisitions for the delivery of major projects? Highlight Report

2015 has seen continued growth in M&A activity, creating new opportunities, and new challenges, for all concerned. With this activity comes a tension between uncertainty for those concerned and a need to maintain focus on project delivery.

For clients, larger contractors may bring an increase in the ability of firms to carry out major projects effectively, but at the cost of a potential reduction in competitive tension and even greater difficulty in providing a level playing field for small to medium enterprises.

For contractors, consolidation can provide a strategic advantage, increasing their buying power or access to new markets while potentially reducing competition. From a shareholder perspective the benefits are clear, provided regulatory constraints can be effectively managed. Following consolidation, larger contractors may be more attractive to lenders and investors, potentially giving access to cheaper debt. Investors will be keen however to ensure that contractors do not overreach, taking on acquisition debt which may prove a drag on the consolidated business or diverting management attention from core business activities.

From an employee perspective consolidation brings uncertainty. Employees may face the prospect of redundancies in merged organisations, while suppliers may find their bargaining position substantially weaker when faced with fewer and larger contractors.

Our seminar will consider how best to successfully deliver major projects in the face of M&A activity, addressing the following key questions:
• What are the strategic drivers for M&A activity in the UK and globally?
• What can we learn from previous experiences?
• What are the impacts of consolidation for clients?
• How are employee concerns addressed in a merger context?
• What are the stoppers and regulatory constraints?
• What are the financial implications?

By Jonathan Norman
February 24th 2009

The Planning Act 2008 Full Report

The progress of the Planning Bill through Parliament received much attention and generated much debate throughout 2008; in particular, the proposals in the Bill relating to the authorisation of nationally significant infrastructure projects by a new independent body called the Independent Planning Commission (IPC) proved to be the most controversial. Many planning commentators expressed concern at what they perceived to be an attempt to ‘fast track’ these applications at the expense of democratic accountability.
Despite these concerns, the Bill received the Royal Assent on 26 November 2008, to become the Planning Act 2008. It heralds significant changes to the way in which ‘nationally significant infrastructure projects’ as defined in the Act are prepared and consented to. The Act puts in place a radical new system for these projects and it is essential that all organisations involved in national and other projects have an understanding of how the new regime will operate. This includes not only professional advisers but also promoters of the projects themselves, project managers in local and central Government and the private sector.
The cornerstone of the new system will be a series of National Policy Statements (NPSs) produced by relevant Government departments, which will set out the national policy, including the need, for the relevant infrastructure in the fields of energy, transport, water, waste water and waste. It is currently estimated that there will be 11 NPSs which will cover, amongst other areas, energy, nuclear power, national networks, ports and aviation. If an individual project falls within one or more of the thresholds for nationally significant infrastructure projects set out in the Act, then it will come before the IPC. The Act sets out the composition of the IPC, which will include a chair, at least two deputies and approximately 32 commissioners – leading individuals of standing and knowledge who will determine the application and issue a Development Consent Order. The DCO will take the place of a plethora of consents currently required for these projects.
Alongside this, the Act introduces provisions that will allow local planning authorities to introduce a community infrastructure levy (CIL). This will be a mandatory contribution payable by all development towards the infrastructure required to support development. This will impose a significant cost on development and the way in which CIL will be calculated, tested and charged will be a significant new element affecting future infrastructure projects.
Members of the MPA will benefit from participating in this half day seminar by understanding how their organisation should approach this new way of national policy formulation and approval for national infrastructure projects, how they will be funded through the CIL and how promoters of these projects should react.

By Jonathan Norman
September 19th 2007

25th Annual Conference – The Impact of Contracts on Project Behaviour and Outcome Full Report

The era when the best thing to do with the contract was to ‘leave it in the drawer’ is past. We now work in all sorts of different
relationships which need to be underpinned by a contract that rewards individuals and organisations for adopting the right behaviours
for hitting project goals and for working as a team when problems hit. Examples of innovations in this area, designed to integrate the
contract with good management in all its aspects will be set out and discussed at this conference. Their application to various project
sectors will be discussed. The relevance of legal input to design of contracts and the ‘bespoke versus off the shelf’ argument will be
reviewed.

We are pleased to have attracted experts in this field – Dr Martin Barnes, recognised as the “architect” of the New Engineering Contract,
will set the scene by discussing the way in which the contract can impact upon the success of the project. Ms Sally Roe, partner at
Freshfield Bruckhaus Deringer, will share the outcome of her research into the effect of the chain of relationships between client, main
contractor and subcontractors on the contract performance.

Mr Danny Grand of KBR and Mr Ken Jackson of NUKEM will offer their own experiences of alliancing and of the impact of contracts
upon risk.

Following each of these speakers there will be an opportunity for delegates to discuss and debate the issues raised in small groups;
groups will be challenged with questions specific to each speaker and at every group session the question will be asked: What can
be done to implement improvements?

The second day of the conference will be rounded up by Mr Robin Sieger, international best selling author and corporate success
strategist. Sir Robert Walmsley, KCB, Chairman of the Major Projects Association will chair the conference.

By Jonathan Norman
April 6th 2006

Corruption – Damage, Risk and Prevention Full Report

By Jonathan Norman
November 16th 2004

Managing Joint Ventures and Alliances Full Report

Joint ventures and alliances are notoriously difficult to manage. This seminar focused on the legal and commercial risks associated with this approach to projects.