The project is a public-private partnership (PPP) initiative that involves the design, construction, operation, and maintenance of schools within Edinburgh City Council's jurisdiction. Specifically, the Edinburgh Schools 2 PPP project focuses on building and managing six secondary and two primary schools. This project also includes a variation project, which is a contractual amendment to the existing PPP.
Introduction
Our firm has been instrumental in providing legal support for significant school infrastructure and construction projects in Scotland. This case study highlights our role in advising on various projects, focusing on the legal aspects and the complexities involved in these undertakings.
Project Overview
The "Edinburgh Schools Project" is a public-private partnership (PPP) that involves the design, construction, operation, and maintenance of schools within Edinburgh City Council's jurisdiction. Specifically, the Edinburgh Schools 2 PPP project focuses on building and managing six secondary and two primary schools. This project also includes a variation project, which is a contractual amendment to the existing PPP.
The Scotland Schools Project, officially known as the Learning Estate Investment Programme (LEIP), is a significant initiative by the Scottish Government aimed at upgrading and modernising school facilities across Scotland. This £2 billion programme is designed to build new, state-of-the-art educational facilities and refurbish existing ones to ensure that pupils are educated in a modern, high-quality environment.
Legal Infrastructure and Construction Elements
We advise the Edinburgh Schools Partnership, the Project Company on the Edinburgh Schools PPP Project, the largest multi-site schools PPP project in Edinburgh, on a variation to install a new standalone teaching block at the Royal High School site, one of the project's schools. These arrangements are now being supplemented with a novel set of contracts for the provision of additional FM Services to the facility in a structure that does not alter the agreed risk profile for the existing project. This involves a full risk assessment, appropriate structuring to maintain the equity risk profile, de-risking to satisfy Senior Funder concerns, and appropriate pass-down of responsibility to the key subcontractors.
We also advise 3ED Glasgow Limited, the Project Company on the Glasgow Schools PPP Project, the largest grouped schools project in Scotland. Our role includes advising on a novel structure for the provision of FM services to new assets constructed at St Paul's High School. This involves the implementation of a bespoke "Services Facilitation Arrangement" whereby 3ED procures the provision by Amey of the required services for Glasgow City Council. Critically, the risk profile is detached from the PPP Project to avoid Senior Funders' concerns and impact upon the equity value for investors in 3ED.
Conclusion
Our comprehensive legal support for school infrastructure and construction projects demonstrates our expertise in navigating the complex regulatory landscape of the UK construction sector. By ensuring compliance with legislation, managing risks, and securing favourable contract terms, we help our clients deliver successful projects while maintaining the highest standards of safety and quality.
