Contracts for the Climate
By The Chancery Lane Project
On Contracts for the Climate, we introduce you to The Chancery Lane Project’s (TCLP’s) precedent climate clauses – and help you to get them into your contracts.
In each episode, we address one big climate problem. Then we introduce a TCLP clause designed to fix that problem. Join us as we walk through the opportunity presented by each clause, who can use it and how it could slot into a wider sustainability strategy.
Contracts for the ClimateJun 16, 2022
S1 E5: carbon benchmarking in construction
In our final episode of the built environment series, Becky speaks with Jenny Cohen, a solicitor at Herbert Smith Freehills in Sydney. They discuss Izzy’s Clause, a clause which…
- Slots into: supply agreements in a competitive tender process
- Tackles the climate issue of: an inability to compare a contractor’s carbon footprint against the market.
- Creates a solution by: incentivising contractors with a green incentive to monitor and reduce their GHG emissions below the baseline.
For an explanation of what the clause does, skip to 13:20. For tips on how to negotiate this clause into a contract, go to 21:47.
Reach out to Jenny at Jenny.Cohen@hsf.com or find her on LinkedIn.
Becky is also on LinkedIn, or you can email her at becky.annison@chancerylaneproject.org.
If you have any feedback on the podcast, we want to hear it. Please email elizabethmatthams@gmail.com or contact Lizzy Matthams on LinkedIn with your thoughts.
Contracts for the Climate is hosted by Becky Annison, edited by Leonard Lee and produced by Lizzy Matthams.
S1E4: transparency in the supply of renewable energy
In this episode, Becky speaks with Tabitha Gould and Isobel Annan from Burges Salmon and Owen Collins from Matheson. They discuss Ayshe’s Clause, a 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.
Reach out to Tabby tabitha.gould@burges-salmon.com, Isobel isobel.annan@burges-salmon.com, or Owen owen.collins@matheson.com.
Becky is on LinkedIn, or you can email her at becky.annison@chancerylaneproject.org.
If you have any feedback on the podcast, we want to hear it. Please email elizabethmatthams@gmail.com or contact Lizzy Matthams on LinkedIn with your thoughts.
Contracts for the Climate is hosted by Becky Annison, edited by Leonard Lee and produced by Lizzy Matthams.
S1E3: whole-life decarbonisation for construction projects
In this episode, Becky speaks with Diane Harris from MDY Legal and Mark Norris at Sullivan & Worcester LLP. They discuss Rose’s Clause, a 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.
Reach out to Diane at diane.harris@mdy.co.uk and Mark at mnorris@sullivanlaw.com.
Becky is on LinkedIn, or you can email her at becky.annison@chancerylaneproject.org.
If you have any feedback on the podcast, we want to hear it. Please email elizabethmatthams@gmail.com or contact Lizzy Matthams on LinkedIn with your thoughts.
Contracts for the Climate is hosted by Becky Annison, edited by Leonard Lee and produced by Lizzy Matthams.
S1E2: carbon budgets for construction
Becky’s guest for this episode is Josh Gibbons, Managing Associate in the Construction, Engineering and Environment team at Addleshaw Goddard.
The topic of conversation is Tristan’s Clause, a 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 the clause, skip to 07:39. For tips on how to get this clause into your contract, go to 09:22.
Reach out to Josh at josh.Gibbons@addleshawgoddard.com or find him on LinkedIn.
Becky is also on LinkedIn, or you can email her at becky.annison@chancerylaneproject.org.
If you have any feedback on the podcast, we want to hear it. Please email elizabethmatthams@gmail.com or contact Lizzy Matthams on LinkedIn with your thoughts.
Contracts for the Climate is hosted by Becky Annison, edited by Leonard Lee and produced by Lizzy Matthams.
S1E1: making leases more circular
In this episode, Becky speaks with Chirag Rao, Senior Associate and Head of the India Group at Howard Kennedy. They discuss Aatmay’s Clause, a 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.
Becky is also on LinkedIn, or you can email her at becky.annison@chancerylaneproject.org.
If you have any feedback on the podcast, we want to hear it. Please email elizabethmatthams@gmail.com or contact Lizzy Matthams on LinkedIn with your thoughts.
Contracts for the Climate is hosted by Becky Annison, edited by Leonard Lee and produced by Lizzy Matthams.
Introducing: Contracts for the Climate
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.
Credits
Host: Becky Annison, LinkedIn
Producer: Lizzy Matthams, LinkedIn
Editor: Leonard Lee, LinkedIn