Spending public money is rarely straightforward. The challenges you face have never been greater as you seek to deliver maximum value while remaining compliant and minimise risk while exploring new ways to procure goods and services. To help you achieve this our Corporate and Commercial team, led by Head of Group Mo Olatuja offers leading expertise, commercial acumen and a service that itself represents exceptional value. Our team advises on a wide range of corporate, contracts and procurement issues.
Areas of expertise
- Intellectual Property
- Corporate Governance
- Local Authority Trading
- Corporate Restructure
- Pension Law
- Partnership agreements
Specialisms and areas of expertise:
- Procurement, both in-house and EU regulation, drafting procurement documents and draft contracts including framework and concessions agreements, the evaluation of tender packs, advice on Public Contracts Regulations 2015 procedures, advice and preparation of all types of OJEU and Contract Finder notices.
- Contracts: negotiation and drafting of contracts for works, goods and services, software, IT, joint use, consultancy, partnership, funding and grant agreements. Specialist expertise in waste management and education.
- Construction: JCT and NEC contracts and bespoke Z clauses or schedules of amendments. Bonds, Parent Company Guarantees, Collateral Warranties and Development Agreements.
- Alternative Business Structures, constitutional and governance advice for unincorporated bodies on the choices of legal entities available on becoming incorporated (charities or co-operative or community benefit societies, community interest companies, mutuals, companies limited by guarantee or shares, partnerships or limited liability partnerships etc). Advice on altering or adopting local authority constitutions, charity objects and articles and memorandum of association for companies. Advice on local government charging and trading as well as Teckal companies.
- Academy conversions, including advice, negotiation and drafting of transfer agreements and pensions. We have dealt with more than 150 conversions to date. Deeds of Variation of Design and Build Contract and Development Agreements, especially for new schools.
- Local Government Pensions Scheme administration, advice on public pensions law and regulation, drafting and amending Admissions Agreements and Bonds.
- Information Governance, data protection and confidentiality agreements.
- Pre-litigation contractual disputes, contract interpretation and negotiation
- Company law: setting up companies, JVCs, CICs and LLPs, draft governance, shareholder agreements, articles and memorandum of association, directors' roles and responsibilities, including registration. We have created numerous local authority companies (including Invicta Law) and have drafted all associated documents for their governance and administration.
- Intellectual Property & IT contracts, including website reviews, web services terms and conditions, copyright, trademarks, databases, software development and hosting agreements.
- State Aid, including exemptions and exceptions to illegal state aid and the implications on capital funded projects.
- Waste Contracts: knowledge of public sector procurement practices and requirements that benefit private operators seeking contract opportunities outside of the KCC administrative area.
- Media & Telecoms: knowledge of these industry sectors and in particular the infrastructure required to operate within them.
- Development, research & collaboration agreements – common in public sector collaborative working.
Finally, like all teams at Invicta Law we are committed to training and have recently provided client training on potential effects of various Brexit scenarios on procurement regulation.