Commercial Position

The data says:

  Contract drafting for expiry lacks clarity in c.70% of contracts

  There are limited rights and leverage at expiry

  CAs do not fully understand the contractor's financial performance and drivers at expiry

We also found:

  CAs do not have detailed understanding of their contracts including their rights and contractors' obligations at expiry

  CAs are generally optimistic about private sector engagement, but did not understand consistently the changing private sector drivers at expiry

  As a result, the commercial approach to expiry was frequently insufficiently developed and often reactive

  This is connected to the lack of skilled resource in projects

Learnings:

  CAs need to understand the contractual rights and obligations better, noting that earlier contracts do not benefit from SoPC standardisation

  CAs need to develop detailed and proactive commercial strategies

  CAs need to appraise themselves of the private sectors drivers

  IPA needs to address the lack of commercial acumen across projects and support commercial strategies where relevant