Best Public-Private Partnerships (PPP) Lawyers in Exeter

1. About Public-Private Partnerships (PPP) Law in Exeter, United Kingdom

Public-Private Partnerships (PPP) in Exeter sit within the wider UK PPP and public procurement framework. In practical terms, a PPP is a long-term contract where a private partner designs, builds, finances and operates a public service or asset for the government or a local authority. Exeter authorities commonly use PPP structures to deliver infrastructure such as schools, hospitals, road projects or facilities management services, with payments tied to availability or performance rather than upfront capacity alone.

For residents in Exeter, the key legal idea is risk allocation. PPP contracts typically assign construction and long-term operating risks to the private partner while the public body maintains policy control and ultimate accountability. The contracts are highly technical and long in duration, often spanning 20 to 30 years. Because of their complexity, they require careful legal review by a solicitor or legal counsel experienced in public procurement and project finance.

Over time, UK practice has evolved from traditional PFI models toward PF2 structures and other concession arrangements. This shift generally aims to improve value for money and provide greater public sector oversight, while still leveraging private sector efficiencies. Exeter projects may be influenced by national guidance and the Infrastructure and Projects Authority (IPA) frameworks when they are in the planning or procurement stage.

Recent considerations for Exeter include changes to procurement law post-Brexit and ongoing guidance about how public bodies should carry out procurements under UK rules. National guidance continues to shape best practices for project delivery, governance, and contract management in PPP deals nationwide.

2. Why You May Need a Lawyer

Engaging a solicitor or legal counsel with PPP expertise can prevent costly missteps in Exeter projects. Here are concrete scenarios where legal help is essential:

• Procurement strategy and tender compliance for a new school PPP in Exeter. A private partner may submit a bid to the council, and a lawyer is needed to ensure bid documents comply with Public Contracts Regulations 2015 and Concessions Contracts Regulations 2016, and that the selection process is fair and defensible.
• Drafting and negotiating the PPP contract terms for an Exeter infrastructure project. A solicitor helps allocate risk clearly, set performance standards, determine payment mechanisms, and address termination or extension rights with a view to long-term financial viability.
• Financing and refinancing of a long-term project. When a PPP includes private debt or refinancing events, legal counsel reviews debt covenants, security packages, and refinancing risk to protect the public authority and ensure compliance with procurement law.
• Regulatory change and compliance risk management. If UK procurement rules or social value requirements change, your legal team can advise on contract amendments, change orders and compliance pathways within the existing PPP framework.
• Dispute prevention and resolution during long-term operation. Long-term PPP agreements may require dispute resolution provisions, alteration procedures, or step-in rights if performance gaps occur-areas where a solicitor helps craft robust, enforceable mechanisms.
• Governance and SPV structuring for PPP delivery. If a Special Purpose Vehicle (SPV) will deliver the project, a lawyer guides corporate structuring, parent company guarantees, and governance agreements to keep accountability clear between partners.

3. Local Laws Overview

Two to three central laws and regulations govern PPPs in Exeter and across the United Kingdom. They shape how procurements are conducted, how concessions operate, and how public bodies consider social value in contracting.

Public contracts in the UK are governed by the Public Contracts Regulations 2015, which implement EU procurement directives in a UK context and govern tendering, award, and contract formation for public projects including PPPs.

Public Contracts Regulations 2015 (SI 2015/102)

Concession contracts for public projects in the UK are regulated under the Concessions Contracts Regulations 2016, which provide the framework for awarding concessions such as long-term private sector service delivery arrangements.

Concessions Contracts Regulations 2016 (SI 2016/273)

The Public Services (Social Value) Act 2012 requires public bodies to consider social value in procurement decisions, influencing PPP choices and contract specifications in Exeter projects.

Public Services (Social Value) Act 2012

For practical, up-to-date guidance after Brexit, public bodies in Exeter and nationwide consult the government’s procurement guidance. The UK has maintained a framework for public procurement with adjustments to reflect post-EU arrangements and domestic policy aims. See guidance on public procurement after EU exit for current rules and exceptions.

Public procurement after EU exit - GOV.UK

4. Frequently Asked Questions

What is a Public-Private Partnership?

A PPP is a long-term contract where a private partner delivers a public service or asset under government oversight. It typically combines design, build, finance and operation over 20 to 30 years.

How do PPPs differ from standard public procurement?

In PPPs, the private sector funds and operates the asset or service, with payment linked to performance and availability, rather than a one-off supply of goods or services.

When should Exeter authorities consider a PPP?

PPPs are usually considered for large, capital-intensive projects where long-term maintenance and lifecycle costs are significant and where private finance can deliver efficiencies.

Where can I find official PPP guidance for Exeter projects?

Official guidance is available on GOV.UK and through the Infrastructure and Projects Authority. These sources cover procurement routes, risk allocation and project governance.

Why is risk allocation important in PPP contracts?

Clear risk allocation helps prevent cost overruns and performance failures. It defines who bears construction, finance, performance and regulatory risks across the project life cycle.

Can I negotiate PPP terms after a bid submission?

Yes, but once a bid is selected, terms are usually fixed in the contract. Legal counsel can negotiate clauses during finalisation and clarify remedy rights before signing.

Should I hire a specialist PPP solicitor or a general solicitor?

A specialist PPP solicitor understands procurement law, finance structures and long-term contract management. A general solicitor may miss core PPP specifics.

Do I need a barrister or a solicitor for PPP disputes?

Most PPP disputes are handled by solicitors in contract and procurement matters. Barristers may be engaged for complex advocacy in court or arbitration if needed.

Is there a standard form PPP contract used in the UK?

Many PPPs use bespoke contracts, but they commonly reference standard frameworks and model clauses. A lawyer ensures the form fits the project and authority requirements.

How much do PPP legal services cost in Exeter?

Costs vary by project size and complexity. Expect hourly rates for senior solicitors and potential fixed-fee elements for predefined stages, such as procurement drafting.

How long does a PPP procurement process typically take?

Public procurement for large PPPs often spans 9 to 18 months from initial market engagement to contract award, with many projects pushing longer due to complex finance.

What steps help me compare PPP options effectively?

Establish clear evaluation criteria, request transparent bid data, assess lifecycle costs, and compare risk transfer assumptions. A lawyer can help run the evaluation model.

Can I challenge an award decision on a PPP contract?

Yes, procurement challenges are possible under the Public Contracts Regulations 2015. A lawyer can guide bid protests, debrief requests and potential court actions.

Is PF2 different from the original PFI model?

PF2 is designed to increase value for money, improve project governance, and provide more public sector oversight compared to early PFI structures.

5. Additional Resources

These official resources offer in-depth guidance and authoritative information on PPP, procurement and public contracts in the UK:

• GOV.UK - Public procurement after EU exit - Official guidance on procurement rules, exemptions and post-Brexit changes relevant to PPP projects. https://www.gov.uk/guidance/public-procurement-after-eu-exit
• Infrastructure and Projects Authority (IPA) - Central government body that provides guidance, assurance and best practices for major projects including PPPs. https://www.gov.uk/government/organisations/infrastructure-and-projects-authority
• National Audit Office (NAO) - Independent watchdog reporting on the value for money and performance of public-private partnerships and related programmes. https://www.nao.org.uk/

6. Next Steps

1. Define the Exeter project scope - Clarify the asset or service, expected lifecycle, budget range and public objectives. Prepare a high-level risk register. Time estimate: 1-2 weeks.
2. Engage early with a PPP-specialist solicitor - Identify a solicitor or legal counsel with public procurement and project finance experience in Exeter or nearby jurisdictions. Time estimate: 1-3 weeks to shortlist; initial consultation 1 week.
3. Assess procurement routes and market readiness - Determine whether a traditional procurement, concession contract or other PPP form best fits the project. Time estimate: 2-4 weeks.
4. Prepare procurement documents and evaluation criteria - Draft or tailor initial tender documents, criteria for shortlisting, and contract annexes. Time estimate: 4-8 weeks.
5. Engage stakeholders and establish governance - Create a client-side team, including financial, technical, and legal leads; set decision rights and escalation paths. Time estimate: 2-4 weeks.
6. Issue procurement and run the bidding process - Release documents, manage questions, handle debriefs, and evaluate bids in line with the Public Contracts Regulations 2015. Time estimate: 3-6 months.
7. Close the deal and plan implementation - Negotiate final terms, secure financial close, and set up the SPV if applicable. Time estimate: 2-4 months after bid evaluation.