The Chancery Lane Project and Foot Anstey: What clause and why?

Below you can find a variety of information on net zero, our work with TCLP and what some team members had to say about using the clauses.

Here at Foot Anstey, we use a range of tools to help our clients meet Environmental, Social and Governance goals.

We work incredibly closely with The Chancery Lane Project (TCLP) and use its freely available net zero clauses to bolster ideas and to power the ambitions of our client’s sustainability targets.

What is TCLP?

The Chancery Lane Project brings together legal professionals from around the world to create new, practical contractual clauses ready to incorporate into law firm precedents and commercial agreements.

Some clauses we employ with clients that provide a great starting point to tackle embodied carbon, and to consider using sustainable materials:

  • ‘Tristan’s clause’ can help with incentivising industry participants to reduce greenhouse gas emissions through use of more sustainable materials
  • ‘Luna’s clause’ incentivises building contractors to propose “Net Zero Modifications” to project works which will benefit clients and their projects, and the environment
  • ‘Mary’s clause’ prioritises energy efficiency in the design and build of a construction project and minimises energy use and waste

 

What does the team say?

Gena Ritchie

“I believe that net zero clauses do and will play an even greater role in driving the change in behaviours that really needs to take place if we are going to be successful in limiting global warming, so it is really important that lawyers understand how to use and implement these.

“My favourite TCLP clause is Casper’s Clause. Casper’s Clause incorporates sustainability linked loan principles into standard financing documents, making climate finance more accessible, affordable and mainstream.”

Kaetlin Gale

“Although it is difficult to select one TCLP net zero clause, I particularly appreciate Emma’s Clause. This Green Residential Lease Clause imposes obligations on buyers and tenants in leasehold agreements to use the property in an environmentally conscious way. I think the wide-reaching potential of this clause is noteworthy.”

Liam Henderson

“Urgent transformation is needed if we, as a global society, are to stand any chance of avoiding the most damaging impacts of irreversible climate change. Net zero clauses give me a chance to use my skillset to contribute to sustainability efforts at this crucial time for our planet. Tristan’s clause is a favourite of mine because it provides a means of dealing with embodied carbon, a key issue for the built environment.”

Bethany Wheeler-Fowler

“Climate change is an ever-growing and urgent concern that individuals and businesses need to address. By using a contract to impose climate change obligations, net zero clauses are an excellent and simple way to help address the crisis!

” Aside from helping clients achieve their business goals and climate targets, it’s great to feel that my role also allows me to contribute to positive changes to the planet too.”

The creation of Madhavi’s clause

We worked with The Chancery Lane Project (TCLP) to create its new climate clause, Madhavi. ‘Madhavi’s clause’ adapts sustainable practices and net zero aligned provisions from TCLP’s construction clauses for use in Modern Methods of Construction (MMC) contracts.

At Foot Anstey we advise on net zero issues, so it was great to be able to convey our expertise in this area in the clause.

What does the team say?

Colin Shear

“Working towards net zero is vital to everyone, and net zero clauses give us as solicitors a tool to help work towards that goal. I believe that climate change is a risk that is often overlooked by our clients. Beginning to implement these net zero clauses will start a discussion with our clients and their partners, and hopefully lead to real progress towards our net zero targets.”

Rosie Lepper

“Net zero clauses are important to me as they represent the early stages of the legal sphere recognising the need to account for climate change risks and consequences within drafting.

“One of my favourite TCLP clauses is Viola’s clause – a precedent clause for a supply agreement which requires the supplier or contractor to procure energy from renewable sources. Such a clause will oblige suppliers to consider the sources of energy at an early stage in contracting and will help to prevent re-procurement in long term projects when renewable energy sources are being increasingly used within the industry.”

Hannah Day

“A favourite TCLP clause of mine is Ashkan’s clause. This clause states that parties undertake sustainable on-site working practices. The clause itself is one which I consider really drives actual practices which can help with those carbon emissions which are known to be associated within the construction industry. In addition, the clause helps focus the mind of the parties involved to look at their working practices and consider what they can do to meet such practices.”

Alice Foster

“My favourite of the TCLP clauses are the “Coolerplate” clauses. The Coolerplate clauses are not a dramatic departure from the status quo of commercial contract drafting and should act as an intermediary method of introducing climate change obligations into commercial negotiations. Hopefully after using the Coolerplate clauses businesses will become comfortable with climate change drafting and will then introduce more onerous climate change obligations into other clauses.”

Our guide to net zero contracts

Net zero is not defined in law nor is there a general consensus as to what this means so it can be a challenging subject for businesses to tackle or even think about along with the added pressure to transition to achieving net zero, and in setting objectives and methodology in respect of tackling embodied and operational carbon.

We have put together an insightful and informative guide on our approach to net zero contracts. On this page you will find information on how we approach and collaborate with clients to implement net zero contracts to better business activity.

Key contacts

To find out more about how we implement net zero clauses into our work with clients please get in touch with one of our experts below:.

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