Handback: Tried and Tested

Our projects team is one of the first in the UK to have developed actual ‘workings’ on things to consider in the run-up to expiry, how end-of-life variations can be managed to future-proof the facility and how the parties may choose to document the managed exit. 

Our team has pioneered strategies for managing the run-up to expiry, end-of-life variations, and documenting managed exits. We have advised on the handback of wastewater PFI projects in Scotland, early terminations of schools projects, police custodial projects, and healthcare projects. Our tried and tested experience in this niche area of PFI is unmatched, with only a few firms having direct experience with project expiry.

Knowhow to quickly bring the lessons learned from similar projects from other clients to help accelerate the process.

CMS has a proven methodology in place in the form of our PFI Handback Checklist for identifying key elements of focus for PFI Handback and has the benefit of Lessons Learned reports from reviews with an Authority and technical adviser team following handback of PFI project for use to monitor implementation into future schemes.

A Top Tier service

Our Scotland Projects, Construction and Real Estate teams are consistently ranked in top tier in all leading legal directories and recently won Projects Law firm of the Year at The Scottish Legal 500 awards.

Our Credentials

Handback / Termination

We are advising on the handback of projects across various sectors and have already advised on the early termination and handback of projects in the education, healthcare and custodial services sector. On wastewater projects, we advised a public sector body on the pre and post handback stages of the first PFI project in Scotland to reach expiry- a multi-site project where the residual/market value of the project assets had to be assessed. We are also advising a public sector body in the run up to the handback of two sewage treatment work projects.

Facilities Management

As one of the pioneers in PFI/PPPs, CMS has been advising FM Contractors since project inception. We provide support for contractual, legal, and commercial issues, including performance, payment disputes, service variations, equipment replacements and lifecycle provisions. Our suite of documents is designed to meet the needs of FM Contractors and balance the requirements of SPVs, authorities, lenders, and guarantee providers.

Our construction lawyers have handled numerous high-profile projects and FM contracts, ensuring optimal outcomes in negotiating standard form or bespoke FM contracts. We've written contracts based on NEC TSC/FMC formats and contributed to the CIOB form and GC/Works/10 drafting.

Operational Phase PPP Projects

The majority of our work as a team involves advising on operational PFI projects across all sectors in the UK acting for SPVs, the public sector, lenders and sub-contractors. This gives our team 360 degree insight into all the relevant issues and a wealth of experience to draw on in suggesting pragmatic solutions which work for all parties. Our guidance has aided clients in handling default terminations, contractor liquidations like Carillion, appointing replacements, emergency works, major variations, market tests, dispute settlements, service changes, replacement contracts, standstill agreements, and terminations.

Supporting you through your Handback Programme

Initial Review 

CMS can support you with all areas of your handback programme with the first stage being an initial review of the expiry provisions and handback obligations contained in the Project documents to establish the contractual baseline and provide you with a contract summary of these including flagging any potential gaps and contractual pitfalls.

There are obvious benefits to carrying this out well in advance of expiry to prepare for any project specific requirements and contract hurdles in advance of discussions with counterparties.

Handback protocol

The next stage can involve drafting and negotiation of a handback protocol, checklists or expiry agreements to provide further certainty in the process or in order to record settlement of handback terms. CMS has tried and tested template documents which can be tailored to document the exit process efficiently and assist with a seamless service transition. 

Our team can also provide advice

• on end of life variations and changes to lifecycle works for the remainder of the term to future proof the facilities and for working towards Net Zero targets.
• on appointments of surveyors/ remedial works contractors and any potential disputes pertaining to handback should they arise.

What others say about us

“CMS were appointed to advise on a major infrastructure project and brought outstanding legal skills, experience and expertise to the process and assisted in delivering an outstanding outcome on a complex project. Highly recommended.” 
Legal 500, Projects, Scotland

“CMS have a broad team with a huge range of experience in PFI/PPP projects and related models. They have worked on such a wide range of challenging projects in different sectors that there is no question you can take to them that they don't know how to answer or how to start to address.”
 Legal 500, Projects, Scotland

“Amanda Methven has a depth of understanding of PFI and PPP that it is hard to match and she tackles complex questions thoughtfully and pragmatically. The team under Amanda and Jenny Durie are hugely experienced and hard working and always a pleasure to deal with.” 
Legal 500, Projects, Scotland

"The CMS team is first class. The bring everything together and provide strategic direction and invaluable support. The team is user-friendly and technically excellent." Chambers 2025, Projects & Infrastructure

"CMS's experience and team depth is first-class." 
Chambers 2025, Projects & Infrastructure

"CMS has a strong multidisciplinary team of specialists which enables them to tackle complex problems." 
Chambers 2025, Projects & Infrastructure