Guidance

Navigating the risks of PFI project distress

ThisPractical technical guidance provides practical advice to PFI contract SeniorSROs Responsible Owners and contract managers to help them identify signs of PFI project distress and navigate the legal, commercial, financial and operational risks that project distress brings to their business operations.

Documents

Part 11: What contracting authorities should do and when

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Part 22: Project company financial stress

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Part 33: Project company insolvency

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Part 44: Contract termination and Direct Agreements

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Summary of the guidance

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Details

There are 527 PFI contracts in England that span across a range of sectors, including schools, hospitals, housing, street lighting, roads maintenance, leisure centres, libraries and defence. Future payments under these contracts are expected to total more than £100bn.

Recent experience has shown that PFI project distress can, if unaddressed, carry significant jeopardy for contracting authorities and private sector partners, particularly if they are unprepared, including:

  • potential disruption to services;
  • major disputes and litigation costs; 
  • acceleration of contract expiry risk; and 
  • significant losses and unbudgeted termination payments.

The guidance note provides a combination of: 

  • technical information to SROsSenior Responsible Owners (SROs) and contract managers (e.g. on project company financial distress, insolvency and contract termination);
  • practical guidance on the issues SROs and contract managers should consider in preparing their legal, commercial, financial and operational strategies and action plans; and, 
  • directions to relevant IPANISTA support.

Updates to this page

Published 10 March 2025
Last updated 11 August 2026 Show all updates
  1. NISTA-branded versions of the existing guidance, together with html versions, have been added to this page.

  2. First published.

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