Capital Law advise on Bryn Pica Waste Management Facility



Rhondda Cynon Taf Borough Council

Company Type:

Local Government, Council

PSG Member Instructed:

Capital Law Ltd

Service Provided:

Legal – Construction Law, Construction Contracts, ITT, PQQ, Procurement

Company Involvement in HPC

In 2018, Rhondda Cynon Taf Borough Council announced their plans to develop a multi-million-pound self-sustainable Eco Park. The project, based on the notion of circular economy, is located on the Bryn Pica Waste Management Facility, in Aberdare.

One of the main features of the Eco Park is a new dry mixed waste recycling facility which more than doubles the capacity of the previous plant on the site, which mainly sorted the incoming municipal dry recycling waste by hand. The new automated plant has seven Tomra optical sorters, six of which have lasers for detecting black plastics. Two can also pick out metal – the first of their kind in the UK.

Commercial law firm, Capital Law, was appointed by the council to advise on this project. The firm’s construction, energy and projects team prepared all the procurement and contractual documentation required for the facility.

Capital Law advised on contract structure and recommended NEC4 for the project. The instruction included drafting bespoke project-specific amendments to the NEC4 engineering and construction contracts, as well as the NEC4 supply and professional services contracts. These types of contracts are clear, written in simple language and flexible – which was key in ensuring good collaboration between suppliers and contractors.

With Brexit looming, the contractor appointed by the council to do the work had some concerns that most of the equipment was being sourced from mainland Europe. These concerns were appeased after Capital Law delivered a series of NEC risk workshops with both the council and the contractor and provided a risk-analysis. The output was a supplemental agreement to the contract where both parties agreed to revise this particular risk to a 50-50 risk share basis.

This collaborative approach, Capital Law’s longstanding relationship with the council and their experience of advising on such projects and the NEC4 suite of contracts, was essential to mitigate potential delays and cost increases. 

Work started on the project in September 2018 and was completed on time and budget in November 2019. Achieving material purity levels of 97.5%, the plant is performing to its optimum capacity – providing the council with improved recycling rates, improved staff working conditions and the flexibility to meet higher quality recycling requirements.

Capital Law are a trusted advisor and an integral part of the team. Their approach and advice have been sensible, pragmatic, and fully focused on delivering this innovative and complex project.

Nigel Wheeler, Group Director, RCTCBC

Further Information


Stuart Pearson (Partner)



Telephone Number

02920 474498