Modifications Of Contracts – The James Waste Case

The judgment in James Waste Management LLP v Essex County Council provides insights into contract modifications and how these may be considered against Regulation 72.

Introduction

On 19 May 2023 sitting in the Technology and Construction Court, within the High Court of England and Wales, J Waksman handed down his judgement in James Waste Management LLP v Essex County Council.

The decision in question concerned whether a local authority had lawfully modified its contract with a waste management company under the Public Contracts Regulations 2015 (PCRs).

In terms of the facts, the Council had awarded a contract to Veolia, with an option to extend its term (the "Veolia Contract"). At the time this contract was entered into, it was envisaged that a mechanical biological treatment facility would be built and commissioned in the local area, but unfortunately that project ultimately did not proceed, which meant that the Council had to put alternative arrangements