The following Public Law Q&A provides comprehensive and up to date legal information covering:
The rules regarding modifications to concession contracts under the Concession Contracts Regulations 2016 (CCR 2016), SI 2016/273, are broadly similar to those applicable to public contracts under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. For background reading, see Practice Note: Introduction to concession contracts procurement.
For related reading on modification and termination of public contracts under PCR 2015, SI 2015/102, see:
Practice Note: Modification and termination of public contracts
Q&A: Can a public contract which has been extended to the fullest extent provided in the OJEU notice and contract documents be extended further by a modification under regulation 72 of the Public Contracts Regulations 2015?
Guidance: Crown Commercial Service Guidance on Amendments to Contracts During Their Term
CCR 2016, SI 2016/273, reg 43 contains rules aimed at clarifying the extent to which a concluded concession contract may be amended without advertising and conducting a new concession contract award procedure. A modification to a concession contract may be considered a new contract, requiring a fresh procurement exercise, unless it falls within one of the prescribed exceptions specified in CCR 2016, SI 2016/273, reg 43. A concession contract modified pursuant to these rules must be justified by application of the relevant grounds and follow the relevant specified requirements. A modification may be permitted for instance where:
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.