Outside street view with white metal joints.

Outsourcing disputes

Contractors embroiled in outsourcing disputes need lawyers with deep rooted experience in the sector- we have 25 years in the game.

As well as defending contractors against the public sector squeeze, our team of transactional lawyers are expert in highlighting the commercial risks and always sensitive to the boundaries of what is negotiable.

RPC has a strong capability to advise clients on infrastructure services. The team is also expert in public procurement rules and processes and able to advise clients when things are not being done fairly.

We understand that given the current climate of spending curbs, there is a tension between public authorities' expectations and contractors' need to operate their contracts profitably. The arguments are hard fought but deals are nevertheless eventually done and we know how to get these into the settlement zone.

Involved in some of the earliest facilities management outsourcing deals under PFI, we have since dealt with every problem that can arise from supply chain to employer to joint venture disputes.

Examples of work

NHS hospital - acting for contractor on mobilisation of facilities management services at major new hospital when construction defects brought service failure points into termination territory

Waste water treatment PFI - advising operator on issues arising from condition of wastewater treatment assets on transfer under PFI to private sector. Disputes surrounding efficiency and emissions compliance with both concession company and public sector employer

NHS Joint Venture - advising public sector on a joint venture with private sector to provide pathology services. This deal created the largest provider of pathology services in the UK, with an annual turnover of some £100m a year. Throughout the deal we had to manage, and document, the requirements of two clients in parallel

Carillion/Amey joint venture - advising on its tender and successful completion of all five regional prime contracts let by the MoD for the maintenance of its non-PFI estate across the UK (Next Generation Estates Contracts) including its housing stock for MoD personnel

Infrastructure - advising joint venture to provide National Grid with refurbishment and upgrade outsourced services for its 400kV overhead transmission network in England and Wales, potentially worth up to £375m over five years. This forms part of National Grid's £22bn investment programme. The contracts involve all the usual elements of a typical outsourcing including TUPE and pensions, complex payment mechanism and service levels, exit, disaster recovery, governance etc