Built Environment project update April 2022

In January 2022, we launched our Built Environment project with the support of the Laudes Foundation. The project supports the sector’s transition to net zero by working with leading organisations to develop and promote adoption of TCLP clauses at scale.

In the project’s first quarter, we have:

  1. Collected feedback from key sector stakeholders on how organisations working in the built environment are using our climate clauses and the opportunities for high impact climate contracting in the sector (the Construction Playbook Working Group at the Department for Business Energy and Infrastructure Strategy, Innovate UK, the Infrastructure Client Group (ICG) and ConstructZero, the Construction Leadership Council’s zero carbon change programme).
  2. Established a multidisciplinary advisory committee to advise us on strategic project decisions, priority focus areas, technical law and commercial practice. Committee members are Thomson Reuters’ Practical Law, Fenwick Elliot LLP, Foot Anstey LLP, the Manufacturing Technology Centre, BRE Group and the United Nations Environment Programme (UNEP).
  3. Joined the green lease initiatives of the Better Buildings Partnership to update its green lease toolkit and the Law Society of England & Wales’ Conveyancing and Land Law Committee to revise its short form model lease.
  4. Presented opportunities for climate contracting to sector stakeholders at sector events and to industry panels (ConstructZero, ICG and the Infrastructure Industry Innovation Partnership (i3p)).
  5. Run bespoke climate contracting events for law firms and sector corporations to explore the risks and opportunities of contracting for climate in the built environment and their experiences of using climate clauses.
  6. Published a new climate clause for net zero contracting in construction – [Madhavi’s Clause] – Modern Methods of Construction (MMC) and Net Zero Provisions for Construction or Development Agreements. 

In the next three months we will:

  1. Host a workshop for built environment contract lawyers and sector professionals on Negotiating Built Environment Climate Clauses (26 April at 9.30 am BST). This interactive workshop will accelerate your understanding of TCLP’s built environment climate clauses and explores practical ways you can adapt and use them.
  2. With our advisory committee, participate in NEC’s consultation on its new X29 secondary option to incentivise carbon reduction. NEC’s standard form NEC4 contract suite is used in construction and engineering projects worldwide. The new X29 secondary option is a landmark clause that proposes carbon reducing provisions. The consultation ends on 13 May. Contribute your views on X29 here.
  3. Use our sector research, networks and advisory committee to agree the priority areas for climate contracting that will deliver the greatest emissions reductions and net zero impact for the sector.
  4. Add to our built environment case studies (Foot Anstey, TLT and the Environment Agency) with your experiences of innovating for climate in built environment contracts. Email josh.vandendries@chancerylaneproject.org to tell us about how you are using climate clauses in your practice for a case study.