Canadian Lawyer InHouse

February/March 2020

Legal news and trends for Canadian in-house counsel and c-suite executives

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www.canadianlawyermag.com/inhouse 49 market under stress. The market has also faced pressure from two recent contractor insolvencies that impacted several large P3 projects. In one recent example, EllisDon was working with construction giant Carillion Canada Holdings on four hospital projects in the services phase when Carillion went into insolvency. "We had to work very hard to demonstrate to the hospitals and the project lenders that we were willing and able to take over the operations on our own," says Durán. "We worked with the project lenders to waive satisfy a deficit, although he echoes the sentiment that many contractors are backing out of the P3 space as a result of dealing with risks that are too challenging to manage. "What we will see in 2020 is a continued discussion between stakeholders to find the optimal balance to make these projects something that contractors can bid on while also being sustainable and achieving the value-for-money objective that we want to achieve," says Platteel. The number of disputes over material claims has risen in recent years, putting the contractual defaults triggered by the Carillion insolvency by demonstrating that we had a viable plan to take over the operations fully." Through the transaction, EllisDon acquired 70 per cent of the shares of the four hospital services companies from Carillion, making EllisDon the sole owner. "That case demonstrated how the P3 model can work very well because none of the contracts were terminated and we were able to take over from Carillion within the structure of the P3 contractual framework," says Durán. The project remains successful.

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