Our leading waste and environmental services team advises local authorities, major private sector waste contractors, funders and bid sponsors. Our team is based in London and Manchester and provides our clients with commercial and cost effective legal advice on a wide range of waste issues.
We act for clients on the procurement of all types of waste projects including delivery of new infrastructure (including Energy from Waste, Advanced Thermal Treatment, Combined Heat and Power, Mechanical Treatment, MBT, Anaerobic Digestion and IVC facilities), merchant contracts for waste treatment capacity and a wide range of outsourced waste management services contracts including collection, civic amenity site operation, MRFs and composting services.
For public sector clients, we provide commercial legal advice on all aspects of the bidding process, including the procurement and evaluation process, drafting and negotiating project documents, due diligence on sub-contracts to ensure robust contractual structures, corporate and project finance solutions (and the impact for the procuring Authority), risk allocation generally and potential liabilities arising out of contaminated land and remediation. We are experienced in tailoring model project documentation to reflect the particular benefits and risks of different technology and funding options as well as project specific issues.
Many of our projects involve joint working between local authorities where we have provided advice on inter-authority agreements and service level agreements. Through secondments to Defra, we have been involved in developing model WIDP project documentation including inter-authority agreements.
We also advise major private sector waste contractors. Key issues include reviewing project documentation and analysing key commercial issues, such as planning and permitting risks, site risks, remediation and environmental risks, risks relating to composition and third party income. We have worked with our clients on projects with unique funding structures, providing pragmatic advice regarding finance structures and appropriate contractual protections. We also work with clients to develop robust commercial and subcontract structures, including construction and engineering contracts for new infrastructure, supply of third party waste and off-take contracts.
The team includes specialists in construction, operation and engineering contracts, energy off-take contracts, project finance, employment and pensions, intellectual property, environmental law (including permits and contamination), planning, property acquisitions, disposals and compulsory purchase orders and other issues which can arise during the course of a large scale waste infrastructure project, including dispute resolution, judicial review and procurement challenges.
Recent projects include:
- Oxfordshire County Council (Energy from Waste PPP - currently being commissioned)
- Thurrock Council – variety of waste collection, household waste recycling centres and treatment (thermal treatment and anaerobic digestion) contractsHertfordshire
- County Council – collection and household waste recycling contracts
- AmeyCespaMilton Keynes Waste PPP (currently in build)