Encouraged by a series of non-binding Public Procurement Notes, contracting authorities have taken an active role in supporting their contractors to ensure that in the “new normal” their supply chains remain intact and that essential public services can be discharged.
Disputes are never ideal, but they often allow for a re-evaluation of relationships that can be for the better in the long term. As contracting authorities and their suppliers continue their emergence from survival into recovery mode, it is highly likely that the experience of the pandemic and how it has left the country will prompt a number of discussions.
There might be negotiation about how the contract operates and, in some cases, there may well be a dispute. That dispute may never progress to a formal process, but it will need to be resolved.
From our extensive experience of advising contracting authorities and their suppliers across of range of informal negotiation and informal/formal disputes, we have set out below a range of considerations for managing this dialogue with suppliers:
The issue
The contract
Public procurement
Redlines
Ideal outcome(s)
Once you are clear what your redlines are, establish what your ideal outcome or outcomes would be. These will form the basis of your negotiation strategy.
Negotiation strategy
With the redlines and ideal outcomes in mind, decide how you are going to present this to the supplier.
Governance
When setting your negotiation strategy, be clear what authority you have to negotiate/agree.
Write it down
If you have any queries arising from this article, please contact Emma Riley or Alex Lawrence.
Anthony Collins Solicitors is pleased to have been ranked as a Band 1 firm once again.
Since March 2020, commercial property owners and occupiers across many sectors, whether housing associations, charities, care providers or local authorities, have been impacted by the rules regulating how they deal with their tenants and their landlords. It seems each week there is a change in policy, regulation or legislation, governing how they must respond.
A key element of the Bill is the establishment of a duty holder regime and requirement to maintain the ‘golden thread of information’ throughout the life cycle of high-risk residential buildings
We have been working with care homes to update their contracts and advise on the risks of charging the resident a regular “top-up” or additional fee where a resident is funded through NHS CHC
The parliamentary processes are complete and the Restriction of Public Exit Payments Regulations 2020 (“the Regulations”) which cap exit payments in the public sector at £95,000 will be in force from 4 November.
As the UK’s social housing sector recovers from the initial Covid-19 outbreak and lockdown, now is the time to focus on the challenges that may emerge next.
There is no universal approach to regenerating town centres. However, housing must be considered a key part of any regeneration project – providing well-needed new homes and economic growth.
Friday 16 October marks the 6th annual Wear Red Day in England, Wales and Scotland. Wear Red Day is the brainchild of the charity; Show Racism the Red Card (SRTRC). SRTRC aims to educate young people so they are equipped to recognise and challenge stereotypes, misconceptions and negative attitudes towards race.
Alongside the Building Safety Bill published in July 2020, the Fire Safety Bill is a key step in the Government’s strategy to improve building and fire safety in the wake of the Grenfell Tower tragedy
Government regulations came into force on 23 September 2020 providing LGPS (local government pension scheme) employers with flexibility on meeting exit payments and LGPS funds with flexibility too
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.