Default with regard to the new construction

2.45  If the new works are to be funded by public sector capital, SPVs and their funders are likely to insist on a clause in the amended contract that a default with regard to the new construction could lead to termination of the new works but is not to be considered as default event for the main contract. In the case where the new works are funded by the SPV and the SPV is required to take full risk on the new works then there will need to be a discussion with the lender about the cost of the new loan.