The issues relating to the site to be used for the project will be relatively project specific and the Contract Manager should be mindful of the fact that even if the Contract is based on the WIDP Contract (Clause 10) there may be quite extensive drafting in the Authority's Contract relating to the site specific issues. For example the site may have been owned by the Contractor before its appointment or it may have been one which the Authority owned and is leased to the Contractor for the duration of the Contract. The WIDP Contract assumes the latter is the case and that the Contractor is given the necessary rights over the site through the granting of:
• Ancillary Rights under the Contract to allow the Contractor access to the site for the purposes of developing its planning application;
• a licence during the Construction Period; and
• a lease during the Service Period.
However there are many alternative approaches that are possible and the Contract Manager should ensure that (s)he has a good understanding of the impact, if any, that site/lease issues have, or could have on the management on the Contract. Examples of such issues could include:
• restrictions of access to the site;
• the need to deal with tenants on the site; and
• any covenants on the site that could constrain the project development.
The details relating to sites specific issues will usually be contained within discrete schedules to the Contract (see Schedule 7 of the WIDP Contract). The Contract Manager should become familiar with such Schedules and seek advice from the Authority's Legal Department if (s)he is not sure of the significance of any of the clauses.
The Contract Manager should also ensure (s)he is aware of any obligations the Authority has to the Contractor relating to the site. For example, under the WIDP Contract (Clause 10.2.5) the Authority has an obligation to assist the Contractor in responding to any requisitions (in other words, formal written requests) raised by HM Land Registry in response to the Contractor's application to register any Leases or Underleases. Project specific obligations can be highly material to the Contract (e.g. the obligation for the Authority to provide a site ready for construction to start to the Contractor before a certain date) and a failure to comply could have very significant implications.
Under the WIDP Contract the Contractor has responsibility for not causing undue nuisance to the owners of adjoining sites. The Contract Manager should be aware of the potential for complaints from neighbours being directed towards the Authority and have a protocol agreed with the Contractor for dealing with such complaints. Experience suggests that traffic, noise and litter are the main causes of complaint and it is advisable for the Contract Manager to be familiar with all the Contractor's systems for minimising the impact of these issues. Hence these should be documented clearly in the Contract Management Manual.
With waste projects there is a risk that opponents of the project might take direct action by occupying the site. It is therefore important that the site is kept secure right from the outset. Contractually the Contractor will only be responsible for keeping the relevant sites secure from the date specified in the Contract so the Contract Manager should take steps to ensure the site is secure in the period before that date.
Under the WIDP Contract there are specific provisions for Protestor Action. If events falling within the definition of Protestor Action do occur the Contractor remains fully responsible for any financial consequences including the impact of any delay to the commencement of services. However such events do fall within the definition of Relief Events (see Section 8.8.2) so the Contract Manager should be aware that Protester Action can impact on the date on which the Authority would otherwise have been able to terminate the Contract for Contractor Default. The Contract Management Manual should set out the process by which the impact of Relief Events on contractual deadlines are agreed with the Contractor and recorded.