FM service provider issues for NHS Trusts and H&SC clients

Published 24 enero 2019

Rumours are circulating that Interserve, one of the UK’s largest services and construction companies (and service provider to numerous NHS Trusts and health & social care organisations up and down the country), is seeking urgent refinancing to avoid insolvency. Does this sound familiar?   

This is a timely reminder of the importance of good contract performance management and of the need to know where to turn if things start to go wrong with your contractor. We have the range and depth of experience to support our NHS Trust and H&SC clients on the challenges arising out of the design, construction and maintenance (PFI) arrangements in place with service providers like Interserve, covering hard and soft FM services; portering; catering; cleaning; waste management; provision of consumables; security; and fire stopping. 

Examples of our relevant experience include:

• Acting for an NHS Foundation Trust in the pursuit of a multi-million claim against a service provider, based on their poor performance and fraudulent attempts to conceal the same; recovering £3m in the first instance.
  
  
• Recovering £5m for a City council, following the identification of failures by a service provider under multiple design, build and maintenance PFI contracts in the education sector, concerning the construction and maintenance of fire stopping systems.
  
  
• Successfully defending an NHS Trust at adjudication, following a £1.7m claim by a construction company for default payments.

Our experience extends to advising on issues arising from these outsourcing arrangements for a national facilities management service provider as well; meaning that we understand not only your needs – primarily the operational imperative of the delivery of safe and cost-efficient services – but also the working practices of these service providers and the pressures affecting their businesses. 

If you would like to discuss any existing or anticipated issues or challenges that you may currently be facing with any of your service providers, please contact any of the following experienced members of our Commercial Dispute Resolution team highlighted below: