Built environment project update: Q2 2022

In January 2022, we launched our built environment project with the support of Laudes Foundation. The project supports the sector’s transition to a decarbonised economy by working with leading organisations across Europe to develop and promote adoption of TCLP clauses at scale. 

In quarter two we have: 

1. Published six new built environment climate clauses.

  • Madhavi’s Clause (Modern Methods of Construction (MMC) and Net Zero Provisions for Construction or Development Agreements)
  • Olivia’s Clause (Net Zero Obligations in FIDIC Engineering, Procurement and Construction (EPC) Contracts)
  • Lotta’s Clause (Landlord and Tenant Obligations to Provide Renewable Electricity)
  • Oisín’s Clause (Landlord and Tenant Obligations to Create Additionality in Renewable Electricity Generation)
  • Hannah’s Clause (Green Service Charge Provisions for Commercial Leases)
  • Tomas’ Disclosure Checklist (CLLS Certificate of Title: Climate Change Disclosures)

2. Launched a podcast with series one focusing on TCLP built environment clauses.

In the first series of our new Contracts for the Climate podcast, we were joined by built environment practitioners to discuss Aatmay, Tristan, Rosie, Ayshe and Izzy’s Clauses. Each podcast explores how the clauses work in practice, the climate benefits they deliver and opportunities to add them to your contracts. 

3. Expanded our influence in the UK and Europe. 

We have informed key sector stakeholders in the UK and Europe (including World Green Building Council, the UK Government Construction Community and the British Council for Offices) about climate contracting opportunities. TCLP’s built environment work was highlighted in JLL’s ‘Taking Green Leases Mainstream’ and NEC’s X29 secondary option launch webinars.

4. Contributed to NEC’s X29 consultation.

With the help of our advisory committee members from Thomsons Reuters’ Practical Law, Foot Anstey and Fenwick Elliot, we submitted a detailed, joint response with the UK Environment Agency to NEC’s consultation on its new X29 secondary option to incentivise carbon reduction. NEC’s standard form NEC4 contract suite is widely used in construction projects worldwide and for nearly all projects procured by national and local government bodies in the UK. The X29 secondary option is a landmark carbon reduction clause.

5. Built our advisory committee.

Our advisory committee is a multidisciplinary group of built environment specialists. They bring practitioner experience in project and property financing, construction, property management, risk assessment and technical design. The committee advises TCLP’s built environment team on strategic project decisions, focus areas, technical law and commercial practice. We welcomed new members to the committee from TLT, Gowling WLG, Mason Hayes & Curran, Arup, JLL, Landmark Information Group and Field Energy.  

 

Opportunities to get involved

In the next quarter we will: 

1. Expand our presence in Europe.

Building on our relationships with World Green Building Council, Housing Europe, Climate Change Counsel and Laudes Foundation’s built environment network, we will host a dedicated European event. Adaptations of TCLP clauses for jurisdictions outside England & Wales ( ‘transpositions’) are already underway in several European countries including Germany, Scandinavia and Ireland. Our event will raise the profile of climate clauses for the built environment in Europe and provide information on joining our transpositions teams. 

2. Develop priority tools to help the broadest range of stakeholders use our clauses.

We collected feedback from our advisory committee on suggested resources and tools to  assist the broadest range of sector stakeholders with using our clauses. Over the next quarter we will begin to design and develop one or more of these tools. If you or your organisation is interested in  supporting TCLP with this, please contact Josh van den Dries. 

Such tools include:

  • A built environment project web page with quick pathways for stakeholders from various professions to access the TCLP content most relevant to them.
  • Explainers/ infographics demonstrating the benefits of using TCLP clauses in simple terms and linking climate contracting to business strategies.
  • Early stage guidance/ heads of terms speaking to the practicalities of compliance and embedding ‘green’ conversations throughout the built asset lifecycle.

3. Publish further case studies.

If you are using TCLP’s built environment clauses to innovate for climate in your contracts, the Built Environment project team wants to hear from you. Please email Josh van den Dries with your case study proposal.