At financial close the legal advisers to the Authority will be amongst the most knowledgeable parties amongst the Authority team. As mentioned above the Contract Manager should plan to transfer as much of that knowledge as possible and then manage it in-house. This might be achieved through getting the legal advisers involved in the production of the Contract Management Manual. However the lead responsibility for the production of the Contract Management Manual should remain in-house as that ensures that the Contract Management Team are fully aware of the contents of the Contract and how it impacts on the contract management function.
During the post close period there are likely to be unforeseen events which are sufficiently complex and have such an impact on the service, the Unitary Charge or the Authority's rights or obligations that external advice may be required. Examples of such events might include:
• a dispute between the Authority and the Contractor in relation to waste deliveries and/or payment of the Unitary Charge;
• Authority or Contractor Changes;
• implementation of Change in law clauses;
• Contractor distress;
• Refinancing (changes to funding arrangements);
• Change of Ownership of Contractor;
• changes to nominated sub-contractors;
• certification and handover;
• TUPE and employment matters;
• benchmarking and market testing ;
• breach of Contract;
• early termination for any reason including Contractor Default; and
• enforcement of indemnities, guarantees and contractual claims.
It is critical that the Contract Manager consults colleagues from the Authority's Legal Department before procuring external advice and this process should be highlighted in the Contact Management Manual.