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Ezulike, E L, Perry, J G and Hawwash, K (1997) The barriers to entry into the PFI market. Engineering, Construction and Architectural Management, 4(03), 179–93.

Faruqi, S and Smith, N J (1997) Karachi light rail transit: a private finance proposal. Engineering, Construction and Architectural Management, 4(03), 233–46.

Grimsey, D and Graham, R (1997) PFI in the NHS (Private finance initiative in the UK National Health Service). Engineering, Construction and Architectural Management, 4(03), 215–31.

Hawwash, K and Barnes, M (1997) The potential for adopting the NEC's family of contracts on PFI projects. Engineering, Construction and Architectural Management, 4(03), 203–14.

Owen, G and Merna, A (1997) The private finance initiative. Engineering, Construction and Architectural Management, 4(03), 163–77.

Payne, H (1997) Key legal issues in projects procured under the private finance initiative. Engineering, Construction and Architectural Management, 4(03), 195–202.

  • Type: Journal Article
  • Keywords: force majeure; law; procurement; public sector
  • ISBN/ISSN: 0969-9988
  • URL: https://doi.org/10.1108/eb021048
  • Abstract:

    Over the last few years several projects have been procured under the Private Finance Initiative, which brought with them some challenging, often novel, legal issues. A new statutory framework has been established creating new legal entities and regulating the powers and obligations of those new entities. The public procurement regime of the European Union has had to be carefully considered by both the public and private sector parties as failure by either to adhere to the strict rules and procedures can result in the imposition of sanctions. Attitudes to the way in which contracts are structured have had to change. The public sector had to step back from the more traditional involvement and control it has exercised in the past, and permit the private sector to come up with innovative solutions to the public sector’s output requirements. The issues of force majeure and change of law have had to be looked at very closely and mechanisms for the sharing of the risk negotiated between the public and private sectors. A uniform approach to these legal issues would be welcomed along with some standardization of fundamental terms.