Structuring & Managing PPP Legal Agreements (PPP Contract Negotiation, Strategy & Legal Agreements Training Week)

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Overview

This course forms module 2 of the PPP Contract Negotiation, Strategy & Legal Agreements Training Week. Attend both modules to save 15% on the combined price.

This course is about structuring and managing PPP agreements. Since these types of contracts are long term contracts, it is important that their development is based on an adequate risk allocation between the public and private sector. This course parts from setting out the basic issues of upstream policy and how these will affect how risks are apportioned within a sector and how competition can be enhanced. The course then delves into the specificity of how risks are dealt with in PPP agreements. It looks in detail at some of the standard clauses most likely to appear in PPP agreement regardless of a county’s legal tradition. Further it distinguishes between countries with a Common and Civil Law tradition. It goes on to explore in detail how different contracts have used certain specific clauses such as lender step-in rights, termination payments and tariff adjustments. Further it explores the different techniques available to practitioners to manage change including tariff resets, transition periods, extension of contract terms etc. It further assesses ways in which the public sector can backstop its obligations within the contract as a means of enhancing the project’s overall bankability. Finally this leads to a discussion on how to manage disputes that may arise and some recent trends in infrastructure contracts (and others) which are using innovative techniques such as expedited dispute resolution and expert panels to resolve disputes.

Course objectives

Provide a basic primer of commercial terms and their implications in different legal environments where PPPs take place
Link risk assessment to contract clauses by understanding the critical business aspects that are to be enshrined in a contract
Given the fact that PPPs have the added challenge of being a long term arrangements, afford practical insights and techniques to effectively introduce clauses that allow modifications and changes to the original terms of the contract without jeopardizing the overall business relationship

 

Methodology

The design of the course combines theory with relevant case studies as well as interactive participatory discussions. The course is comprehensive in its legal assessment of different techniques available to practitioners to deal with critical issue of PPP design and risk allocation. Importantly, through interactive discussions and case studies, it will illustrate the way in which change is managed in different PPPs. It will also provide course attendants with specific and practical techniques for drafting form scratch PPP agreement, based on proven pragmatic and practical techniques based on best international practice.

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  • Quality – our clients consistently rate our performance ‘excellent’ or ‘outstanding’. Our average overall score awarded to us by our clients is nine out of ten.
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