Issue - decisions
The expansion of Barlby School requires a variation to the PFI Contract dated 30 March 2001 between NYCC and the school provider
02/11/2022 - The expansion of Barlby School requires a variation to the PFI Contract dated 30 March 2001 between NYCC and the school provider
To approve the
•Deed of Amendment to PFI Project Agreement with further
amendments requested by the lenders. The further amendments relate
to the following issues:
o1.During construction performance and unavailability deductions
will not apply to the whole site (as previously).
o2.Unavailability deductions cannot be charged on the new build
classroom block and this includes any time post construction; this
will not be limited to the defects liability period. Unavailability
deductions will apply to the rest of the site; an exception is that
if Latent Defects are found in the Hall extension deductions should
not apply to Hall. These defects will be rectified by
Triton/GFM.
o3.If the Council need to take enforcement action against the
builder, the Council would name borrow from the SPV to pursue the
builder. This is the Council’s sole remedy and the Council
should indemnify SPV from cost, damage or counter challenge from
such action
• Contractor collateral warranty to Authority
• Architect Collateral Warranty to Authority
• C
•authorising the Assistant Chief Executive Legal and
Democratic or persons authorised by them to seal the variation
documents to which the Authority is party, in each case in
accordance with its Constitution.