What is a project policy? ‘Project policy’ generally means a policy the employer takes out to cover Contractors All Risks and public liability. The cover is on behalf of the employer, contractors, sub-contractors and suppliers. It will relate to one specific project only. Project policies are composite policies. There are no rights of subrogation, or any rights of subrogation are waived, against other insured parties. What and who is covered/not covered? What is covered? A project policy generally covers Contractors All Risks and public liability. What is not covered? It will usually not cover risks normally covered by a professional indemnity policy as: • PI tends to be a different insurance market, and • a project policy answers an event which occurs during the course of the policy. It therefore only needs to be in force during the period of the project. By contrast, professional indemnity insurance is generally written on a ‘claims made’ basis, so cover must be maintained for as long as a claim may be brought. This may require professional indemnity cover beyond the usual

Note that additional commentary on the issues discussed in this Practice Note in the context of the regulation, consenting and incentivisation of the net zero energy transition is available in the following textbook that we have published: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. How are renewable energy projects typically structured? For most renewable generation projects (certainly where project financing is involved), a special purpose vehicle (SPV) will be incorporated to enter into the principal contracts for the project and to own the assets. Construction and operation will typically be outsourced and the funders may require the principal contractors to enter into direct agreements, postponing any right to terminate to allow the funders to exercise step-in rights (these contracts are not shown in Diagram A below). This will certainly be the case if the renewable project is being project financed. For further practical guidance on the financing of energy, power and resources projects across a number of sectors, including those discussed in this Practice Note,

The scope of this Practice Note is project management—as applied to both individual projects and more extensive programmes. The subject of risk management is also covered. It is important to appreciate that major projects frequently form part of a broader programme (for example a corporate transformation programme) and project management disciplines need to be employed at the programme level too. Naturally, risk management, including management of legal risks, must be embedded in the chosen methodologies if successful outcomes are to be secured. This Practice Note discusses the distinction between a project, and a programme, how project assurance is managed and how risk management strategies are factored into delivery of the project or programme concerned. It includes reference to methodologies which are frequently encountered. Responsibility for ensuring adherence to good project management practices in central government is now within the remit of the National Infrastructure and Service Transformation Authority (NISTA), launched on 1 April 2025, and created by bringing together the functions of the former Infrastructure and Projects Authority (IPA) and the National Infrastructure

When might a project-wide or multi-contract dispute board structure be appropriate? Large infrastructure, energy, transport, industrial, building and public-private partnership projects are often delivered through a network of separate but interdependent contracts. Complex nuclear new-build projects are one example of projects in which extensive contractual interfaces may make co-ordinated dispute-avoidance and dispute-resolution arrangements particularly valuable. The contractual interfaces may generate linked issues and disputes even where there is no direct contractual relationship between the parties affected. Typical interface issues include: • late access to work areas or late completion of predecessor works • late, incomplete or incompatible design information and design changes that affect multiple work packages • shared utilities, logistics, temporary works, site facilities or access routes • systems integration, testing, commissioning and operational readiness interfaces • employer-supplied materials, equipment, permits or information • instructions, acceleration measures or programme changes affecting more than one package • quality assurance, inspection and testing interfaces • defects or performance failures where design, construction, supply and operation responsibilities are divided between different parties An

Introduction This Practice Note provides a list of the key documents typically seen on financial completion of an onshore wind farm or large scale ground mounted photovoltaic (pv) solar project located in Great Britain (GB), with a brief explanation of the nature of each of these documents. It is drafted on the basis of a primary deal, where a special purpose vehicle (SPV) (typically referred to as ‘ProjectCo’ and referred to as ProjectCo in this Practice Note) owns and finances the project and where: • project documents (energy and operations, property, planning, and construction) • project finance documents • shareholder finance documents, and • associated due diligence reports, legal opinion and other ancillaries are being entered into/provided at close. However, this documents list can also be used as a point of reference for use in a secondary market onshore wind farm or solar project deal, given many of the documents requiring review and/or amendment will be the same. For an accompanying template version of this completion documents

Introduction This Practice Note provides a list of the key documents typically seen at financial close of a merchant waste to energy project, with a brief explanation of the nature of each of these documents. It is drafted on the basis of a primary deal, where a special purpose vehicle (SPV) (typically referred to as ‘ProjectCo’ and referred to as ProjectCo in this Practice Note) owns and finances the project and where: • project documents (energy and operations, property, planning, environmental and construction) • project finance documents • shareholder finance documents, and • associated due diligence reports, legal opinion and other ancillaries are being entered into/provided at financial close. However, this documents list can also be used as a point of reference for use in a secondary market merchant waste to energy project transaction, given many of the documents requiring review and/or amendment will be the same. For an accompanying template version of this completion documents list, without document explanations, suitable for use at completions, see Precedent: Project lawyers’ completion

The time by which contractual completion of unaltered work is extended.

Costs that the contractor may be entitled to recover from the employer if works are delayed through no fault of the contractor because being on site for longer than anticipated means that the work will have cost more, eg the contractor will usually claim for extra preliminaries for time spent on site.

For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content. Promissory estoppel—what is it? Where A has, by words or conduct, made to B a clear and unequivocal promise or assurance which relates to the legal relations between them and is intended to be acted on accordingly, then, once B has taken A at their word and acted on it, A cannot afterwards be allowed to revert to their previous legal relations as if no promise or assurance had been made by them. Promissory estoppel is also sometimes known as 'equitable forbearance' and is said to have developed from the doctrine of waiver, which occurs where one party (A) voluntarily agrees to a request by the other (B) not to perform in the manner fixed by the contract—see Practice Note: Estoppel—what, when and how to plead (section on waiver) which also considers the general role of estoppel as operating as defence rather than a cause of action in

DR analysis: the Companies Court has rejected a plea of promissory estoppel as a basis for challenging a bank’s appointment of administrators. While the bank had been in negotiations with the companies as regards potential settlement of their indebtedness, this did not, without more, give rise to any clear and unequivocal representation that the bank was agreeing to a suspension of its rights against the companies.

A promissory note is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay, on demand or at a fixed or determinable future time, a sum certain in money, to, or to the order of, a specified person or to bearer.

PROMISSORY NOTE Principal amount: £[insert amount in figures] ([insert amount in words]) [insert date] [insert name of company], a company incorporated in England and Wales with registered number [insert company number], whose registered office is at [insert address], and [insert name of company], a company incorporated in England and Wales with registered number [insert company number], whose registered office is at [insert address], (the ‘Promisor[s]’), [jointly and severally] promise[s] to pay to [insert name and address of payee] (the ‘Payee’) [or to the order of the Payee OR to bearer] [on demand OR [insert number of months] months after date OR [insert number of days] days after sight], at [insert address where the promissory