Euston Station Over Site Development (OSD) — Master Development Partner (MDP)

Contracts

• Contract 030610-2021-C1000_1894-1 · Lendlease Europe Holdings Limited, Lendlease Euston Development LLP

  Signed

  15 Mar 2018

  Value

  £4,000,000,000

  Status

  active

  • Change Nature and extent of the modifications (with indication of possible earlier changes to the contract): The contract was awarded in March 2018 but in August 2019 an independent review of HS2 was instigated known as the Oakervee review, and the recommendations of the Oakervee review were published in February 2020. The delay and recommendations arising from the Oakervee review, and exacerbated delay due to Covid-19, brought about the need for the following modifications to the contract: 1. an increase in the potential total contribution from the Secretary of State for Transport to £33.4m; 2. an option to increase the potential total contribution from the Secretary of State for Transport to £45m where a Business Plan is approved in relation to more detail in the Outline Planning Application for certain Phases. 3. changes to the timescale and conditions for delivering the initial design and consenting stage(s) of the contract; 4. the HS2 Enabling Works Condition Longstop Date being adjusted to 30 April 2025, and 5. the HS2 Enabling Works Contract Condition being adjusted to 30 April 2036. The overall objectives of the contract, the total value of the contract (up to £4 Billion GBP) and the duration of the contract including the exercise of all options (up to 480 months) remains as published in the Contract Award Notice. This notice also reflects that the contractor is Lendlease Euston Development LLP. The Contract was originally awarded to Lendlease Europe Holdings Limited, but was subsequently novated to Lendlease Euston Development LLP in compliance with Regulation 72(1)(d) of the Public Contracts Regulations 2015. The modifications listed as 1. and 2. in section VII.2.1 above were permitted in accordance with Regulation (Reg) 72(1)(c) of the Public Contracts Regulations 2015, as the conditions set out in Section VII.2.2. are fulfilled. The modifications listed as 3., 4. and 5. in are a further consequence of the events described above and were permitted in accordance with Regulation 72(1)(e) of the Public Contracts Regulations 2015 as they are not substantial within the meaning of Regulation 72(8). In addition, modification 3. was permitted in accordance with the existing terms of the contract., Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee: Modifications 1 and 2 in VII.2.1 are permitted under Reg 72(1)(c) as: i) The Oakervee Review was instigated well after contract award, but the scope of review and recommendations were directly relevant to HS2 / NR station design and option selection and significantly impacted the previously foreseeable programme and costs. The impact on programme and costs were further exacerbated by the unforeesable event of the Covid-19 pandemic. ii) The overall nature of the contract remains unaltered e.g. economic operator, place of delivery, staging, services to be provided and no change to overall value or duration. iii) The increase in price does not exceed 50% of the value of the original contract or framework agreement. Modifications 3, 4 and 5 in VII.2.1 were a further consequence of events described above and permitted in accordance with Reg 72(1)(e) as they are not substantial within the meaning of Reg 72(8). In addition, modification 3 in VII.2.1 was permitted within the existing terms.

Dispute resolution & review bodies

• The High Court of Justice of EnglandMediation bodyReview body London