Development agreements involving public sector bodies often raise EU public procurement issues
Our procurement experts regularly guide both public sector bodies and developers through the minefield of EU and UK case law and associated guidance relating to development agreements.
This is a complex area following a series of judgments on the concept of a 'public works contract'. It is important that public sector clients and developers tread carefully and identify any potential procurement issues early in any discussions.
Similarly, complications can arise when dealing with planning agreements and grant agreements where those agreements impose an obligation on the developer to carry out work either on behalf of a public body or otherwise corresponding to specific requirements.
View some of our Development Agreements credentials.