Passive fire protection in PFI projects - as featured in Partnerships Bulletin
A particular interest has arisen recently in operational PFI
projects due to purported breaches of fire safety legislation due
to the discovery of apparent defects in the passive fire protection
("PFP") measures installed at the time of construction.
This has led to significant deductions being levied for alleged
breach of the relevant safety condition. In addition to the
potential deductions and payment mechanism remedies, it is worth
noting that any defect amounting to a breach of the The Regulatory
Reform (Fire Safety) Order 2005 (the "Order") is capable
of founding prosecution, even absent a fire. As such, everyone in
building construction, management, maintenance and operation needs
to be clear as to their responsibilities to also avoid potential
corporate and individual criminal liability arising.
