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The use of the private sector in the provision of public services under the Private Finance Initiative (PFI) is still a relatively new concept. The structure of a project under the PFI leads to the involvement of a number of parties and this necessitates the formation of a number of different contracts to regulate the relationships. These range in complexity from the main concession contract for the funding, supply, operation and maintenance of the asset, to subcontracts between the concessionaire and the various subcontractors. As the New Engineering Contract (NEC) has been designed to provide a contracting system which stimuates good management and is sufficiently flexible to be used for all the interfaces in a complex project, it is a strong candidate for adoption at all the interfaces in a PFI project. The paper concludes that there is potential for using the different contract forms in the NEC family for a number of the different relationships under a PFI project and more specifically DBFO projects.

This paper reports early results of a study of construction contractors and their experiences of the PFI market. Utilizing material from semi‐structured interviews with three categories of construction contractor, small, medium and large, consideration is given to the barriers to entry which contractors face when approaching the PFI market. The paper highlights six barriers of entry: lack of appropriate skills; high participation costs; high project values; high risk; lack of credibility and contacts; and demands on management time. These barriers affect the three categories of construction contractor in different ways. The findings suggest that the larger the contractor, the more able it is to overcome these barriers and to compete in the PFI market. The findings also suggest that certain barriers to entry will decline as the industry matures, whilst others will remain.