Stabilising a District Heating Project Following Supplier Default

Client Types Supplier
Life Cycle Stage Contracting & Negotiation
Sectors Energy & Renewables, Utilities
Undermasthead Shape

Pain point:

“We’ve inherited a contract that isn’t fit for delivery. How do we renegotiate terms quickly to take control without taking on unacceptable risk?”

See how Clear renegotiated contract terms, stabilised risk and enabled the project to proceed

Commercial Outcome

  • Secured agreement on revised contract terms, programme plan and commercial arrangements enabling the project to proceed after supplier default
  • Reduced commercial and delivery risk through clarified responsibilities, RAID governance and contingency planning
  • Accelerated negotiations using a structured strategy and settlement analysis to minimise further programme delay
  • Established clear contractual governance and commercial controls to support successful project mobilisation

Situation

A district heating infrastructure contract serving local authority properties had recently been awarded when the original supplier became unable to deliver. The client was asked to assume responsibility for the project at a very early stage, with limited documentation, unclear contractual obligations and a programme already at risk of delay.

Immediate commercial clarity was required to establish workable contract terms, assess delivery risk and enable the project to proceed.

Objectives

  • Assess the status of the existing project award and delivery obligations
  • Establish revised contract terms enabling the client to assume delivery responsibility
  • Review programme, payment structure and critical path to ensure deliverability
  • Identify and mitigate key commercial and delivery risks

Services

Contract Review and Commercial Assessment

  • Reviewed the existing contract position, delivery obligations and programme assumptions
  • Assessed commercial exposure, contractual gaps and delivery risks arising from supplier default
  • Evaluated programme constraints, dependencies and mobilisation requirements
    Advised on practical contractual and operational solutions to stabilise the project

 

Negotiation and Contract Structuring

  • Developed a structured derogation response supporting revised contract terms
    Prepared and implemented a negotiation strategy supported by best / worst / settle analysis
  • Supported negotiation of revised programme sequencing, payment arrangements and delivery responsibilities
  • Facilitated commercial discussions to accelerate agreement and minimise programme delay

Governance and Risk Management

  • Produced RAID and RACI governance frameworks to clarify responsibilities and ownership
    Established governance controls and reporting mechanisms to support delivery assurance
  • Identified contingency measures and risk mitigation actions across commercial and operational areas
  • Improved visibility of programme dependencies, risks and decision-making requirements

Programme and Delivery Support

  • Advised on programme sequencing, critical path activities and mobilisation planning
  • Supported alignment between commercial, operational and delivery stakeholders
  • Strengthened project controls and reporting arrangements to support delivery within time and budget constraints
  • Implemented practical contract management tools and governance processes to support ongoing delivery

Achievements

  • Achieved agreement on revised contract terms, programme plan and payment arrangements enabling the project to proceed
  • Clarified delivery responsibilities and governance through structured RAID and RACI frameworks
  • Reduced commercial and operational risk through revised programme planning and contingency arrangements
  • Established practical contract management tools and processes to support project delivery within budget and time constraints

We’ve inherited a contract that isn’t fit for delivery. How do we renegotiate terms quickly to take control without taking on unacceptable risk?