Change protocols in PFI/PF2
Change protocols in PFI/PF2

The following Construction practice note provides comprehensive and up to date legal information covering:

  • Change protocols in PFI/PF2
  • What is the change protocol?
  • Procurement law implications
  • Types of changes
  • Drafting a change protocol
  • Change protocol process
  • Change protocol consequences
  • Documenting a change

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Construction?

This Practice Note looks at the change protocol (also known as the change mechanism) typically found in the Project Agreement relating to a PFI or PF2 (sometimes referred to as PFII) project. It considers the purpose of the change protocol, different types of changes, the change process, the consequences of changes and also the procurement law implications.

In the 2018 Budget (delivered on 29 October 2018), it was announced that the government will no longer use PF2 on new projects (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). However, the government has stated that it will continue to support private investment in infrastructure and some of the existing drafting may be relevant in such cases. In addition, existing PFI and PF2 projects will continue to run, and given the typical lifespan of such projects this is likely to

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