Contractual Arrangements

Contractual Arrangements

Waste, sanitation and resource-recovery services are governed by contracts that run for ten, twenty or thirty years. Klean Consulting advises on the instruments that make those arrangements work — and on the ones already in force that are not working.

Agreements We Advise On

Collection and transfer agreements, disposal and treatment agreements, feedstock supply and offtake terms, operations and maintenance contracts, concession and public-private arrangements, and the interface agreements between them. We work for public authorities procuring services and for private operators bidding or operating them.

Where Contracts Actually Break

In our experience the failure points are consistent. Performance obligations are written without a measurement method, so nobody can prove breach. Feedstock quality is assumed rather than specified, and the operator absorbs a composition risk it never priced. Change-in-law and change-in-composition provisions are absent, so every subsequent regulatory shift becomes a dispute. Payment mechanisms reward tonnage when the policy objective is diversion. Termination and step-in rights are unworkable in practice because no successor could take over mid-term.

What We Do About It

We write and review the schedules, not just the heads of terms. That means defining what is measured, by whom, at what frequency, with what tolerance, and what happens when the measurement is missed. It means allocating composition, volume, price and regulatory risk to the party that can actually manage each one. It means building a payment mechanism whose incentives point at the outcome the client says it wants.

Grounded in Measurement

Our contractual work is tied to our waste audit & recycling analysis practice. Specifying a feedstock or a diversion obligation without characterised data is guesswork, and guesswork in a twenty-year contract is expensive. Where the baseline does not exist, we measure it first.

Procurement and Negotiation Support

We support clients through market engagement, tender documentation, bid evaluation criteria, clarification rounds and negotiation. On the operator side we review draft terms for unpriceable risk and advise on qualification and deliverability.

Klean Consulting is wholly owned by Klean Industries, so where a contract turns on technical deliverability — throughput, availability, emissions limits — the engineering view is available to the drafting team.

Contract Health Checks

For clients with agreements already running, we carry out structured reviews that compare what the contract requires against what is actually being delivered and paid for. These reviews frequently identify unclaimed performance deductions, indexation applied incorrectly, services billed outside scope, or obligations that have quietly lapsed because no one was monitoring them. Remedies are often available within the existing agreement.