Brocklesby Estate – Anaerobic Digestion

The Brocklesby Estate instructed Gordons on the procurement of their anaerobic digestion plant in Lincolnshire.  Richard Piper was involved in putting in place an effective procurement structure and negotiating the necessary contract documents.

A key concern for our client was the need to protect their investment.  This was particularly important as the long term functionality of the plant was a critical aspect to the financial viability of the project.  There were further complications involved from contracting with an overseas company.

We were able to advise on how the payment profile of the contract sum could be managed, so that sufficient contractual protection was in place at key stages of the design, ordering, delivery and installation of the plant.  We also advised on how security could be put in place for the long term performance of the plant, such as through warranty bonds, collateral warranties and professional indemnity insurance.  Further protection was also negotiated through the implementation of a complex liquidated damages mechanism, to fully reflect the client’s loss from delay to the feed in tariff qualification.

Peter Mackay-Lewis, Estate Surveyor for the Brocklesby Estate, commented, “A key concern for us on this project was to have in place the necessary contractual security, without causing any delay to the procurement of the works.  I was impressed with the speed and quality of Gordons’ response, which ensured that the contracts were in place within a tight timetable.”