How can Capsticks help?
- Construction and procurement
Capsticks has a market leading team of lawyers that are experts on procurement, transactional construction, contract advisory, project finance and dispute resolution. We provide dedicated support on construction transactions from major hospital design through to development joint ventures and PFI/PPP works variations (and termination). In addition to expertise on template forms of contracts (JCT, NEC, TAC-1) and existing frameworks, we advise on flagship projects such as the HIP1 and HIP2 hospital projects. Project values range from £25m up to £1bn. We also regularly provide pragmatic and cost-effective support on consultant appointments and ancillary matters such as collateral warranties, bonds, guarantees and other security matters. Our specialist energy team also delivers energy performance contracting support for projects typically between £10m and £20m in value.
Far more than just a “safe pair of hands” we provide expert but practical advice (risk aware rather than risk averse) and genuine market insight for our clients. This commitment and pragmatism has helped us to form long-standing relationships with many of our key clients; we take pride in supporting clients beyond contract execution.
Our team includes experts who specialise in advising on all property aspects of a major NHS infrastructure project including option appraisals, feeding into estates strategies and business cases, de-risking sites and dealing with complex decanting arrangements.
Our team has also acted on some of the highest value and complex land acquisitions and disposals seen in the NHS and provides key support for any land transactions required in connection with a complex NHS development.
We also have extensive experience in dealing with leasing arrangements post completion of the development including for clinical space, head quarter offices and retail concourses.
- Service reconfiguration
We help NHS organisations to navigate the statutory obligations and assurance processes that they need to follow in order to effect NHS service changes and comply with their legal duties in respect of public involvement and consultation. Our support includes advising on option evaluation; reviewing pre-consultation business case (PCBC), consultation documents and decision-making business case (DMBC); and responding to referrals to the Independent Reconfiguration Panel (IRP) and judicial review claims. We also advise on the business case approval process for capital funding set out in the HM Treasury Green Book.
- Dispute resolution
We have a team of specialists to help and support you with the management and resolution of commercial and property disputes. They ensure that disputes, when they arise, are dealt with responsively, effectively, and by the people with the right skills. They advise not only on the legal and technical aspects of disputes but also on the operational, reputational, legal and commercial consequences of the options open to you. They understand the context of the dispute and make clear recommendations to help you move forward. This means that we see the bigger picture: the consequences of a drawn out dispute, the effect on partnerships and business relationships, the opponent’s solvency as well as legal arguments and evidence associated with each case we take on. We have extensive experience helping our clients to resolve disputes (through negotiation, mediation, arbitration, adjudication, expert determination and/or the Courts) as quickly and cost-effectively as possible. We will tailor our services to your requirements and preferred outcome.
- Commercial and contracts
In addition to major variation to PFI/PPP contracts and service contracts, we provide industry leading advice on all types of operational contracts such as FM contracts and other contracts necessary to administer and operate large health estates. Increasingly, the use of data, BIM, smart technology and artificial intelligence is delivering real cultural change in the way infrastructure projects can be structured and delivered. We have been heavily involved in supporting key clients who wish to use greater technology in their projects and have seen real innovation in healthcare projects.