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 |
