Podcast: Contracts for the Climate

In this episode, Becky speaks with Tabitha Gould and Isobel Annan from Burges Salmon and Owen Collins from Matheson. They discuss Ayshe’s Clause, which:

• Slots into power purchase agreements, heads of terms, design and build contracts (including FIDIC or JCT contracts), or supply agreements.
• Tackles the climate issue of high emissions and human rights abuses in renewable energy supply chains.
• Creates a solution by providing transparency to parties in those supply chains, enabling them to choose and use renewable energy assets (solar panels, wind turbines etc) with lower carbon emissions and to eradicate forced labour and modern slavery.

For an explanation of what the clause does, skip to 12:58. For tips on how to negotiate this clause into a contract, go to 14:16.

Contact Tabby at tabitha.gould@burges-salmon.com, Isobel at isobel.annan@burges-salmon.com, or Owen at owen.collins@matheson.com.

In this episode, Becky speaks with Diane Harris from MDY Legal and Mark Norris at Sullivan & Worcester LLP. They discuss Rose’s Clause, which:

• Slots into Development Finance Institution or Export Credit Agency finance transactions.
• Tackles the climate issue of a lack of climate change safeguards in construction project transaction documents to meet environmental and social commitments.
• Creates a solution by encouraging project companies or borrowers to develop and adopt a whole life decarbonisation management plan.

For an explanation of what the clause does, skip to 12:55. For tips on how to negotiate this clause into a contract, go to 23:20.

Contact Diane at diane.harris@mdy.co.uk and Mark at mnorris@sullivanlaw.com.

Becky’s guest is Josh Gibbons, Managing Associate in the Construction, Engineering and Environment team at Addleshaw Goddard.

The topic of conversation is Tristan’s Clause, which:

• Slots into Schedules of Amendments or Special Conditions to the JCT Design and Build Contract.
• Tackles the climate issue of unnecessary greenhouse gas emissions caused by procurement of unsustainable materials for construction projects.
• Creates a solution by setting a ‘carbon budget’ (the tonnes of Carbon Dioxide Equivalent of Greenhouse Gas Emissions permitted for the project) and a liquidated damages provision, whereby contractors can agree an amount to be paid for every tonne that the project goes over the Carbon Budget.

For an explanation of what the clause does, skip to 07:39. For tips on how to negotiate this clause into a contract, go to 09:22.

Contact Josh at josh.Gibbons@addleshawgoddard.com or find him on LinkedIn.

Becky speaks with Chirag Rao, Senior Associate and Head of the India Group at Howard Kennedy.

They discuss Aatmay’s Clause, which:

• Slots into repair, alteration, yielding up and decoration covenants in leases, Licences for Alterations and agreements for lease.
• Tackles the climate issue of unnecessary waste and greenhouse gas emissions caused by obligations to use new materials during repairs, alterations and yielding up.
• Creates a solution by encouraging landlords and tenants to re-use goods and materials when fulfilling these obligations.

For a discussion of what the clause does, skip to 09:23. For tips on how to negotiate this clause into a contract, go to 18:02.

Contact Chirag at chirag.rao@howardkennedy.com or find him on LinkedIn.

 

Hello and welcome to Contracts for the Climate from The Chancery Lane Project, the podcast where we introduce you to climate-friendly clauses and help you get them into your contracts.

In this limited series, we’re focusing on the built environment. The real estate and construction industries account for roughly 40% of global carbon emissions. This gives lawyers in these industries significant power to effect change – we want to provide them with the tools to go forth and contract for the climate.

Listen to this short introduction episode to get a feel for what The Chancery Lane Project does, the scope of our Built Environment project and who we’ll be speaking with on the show.