Contract drafting | Public Private Partnership

Library

Since 1931 Joint Contracts Tribunal (JCT) has produced standard forms of construction contract, guidance notes and other standard forms of documentation for use by the construction industry.

Article

Recommendations in Drafting ToRs for Pre-Feasibility and Feasibility Studies

Annex 3 of the Annex for IRI Guide: Drafting TOR of Pre-Feasibility and Feasibility Study with CVCIn order for Project Owners to practically operationalize CVC, engaging a qualified expert and…

Article

Sample Term Sheet

This document has been prepared as part of the annex of the section on Guidelines in Implementing Asset Recycling in the PPP Legal Resource Center (PPPLRC) for contracts, laws and…

Article

Request for Proposals (RfP) in Asset Recycling

After the bidders have been shortlisted through the RfQ process, the next step is the request for proposal (RfP) to request for binding bids and select the preferred bidder.The diagram below outlines…

Article

Termination Provisions

In most cases, PPP contracts have a defined term. The contract typically sets out the contract termination date and arrangements for contract close and asset handover. The PPP contract, or in some…

Article

Adjustment Mechanisms

PPP projects are long-term, and are often risky and complex. For example, a new toll highway faces obvious risks such as fluctuations in demand, but also hidden risks such as demand to provide more…

Article

What PPP is Not: Other Types of Private Involvement

Besides defining the essence and the main features of PPPs, it is also helpful to clarify what they are not. This is useful to help us understand why the various features of the PPP model all…

Article

Designing PPP Contracts

The PPP contract is at the center of the partnership, defining the relationship between the parties, their respective rights and responsibilities, allocating risk, and providing mechanisms for…

Article

PPP Contract Types and Terminology

Most PPP projects present a contractual term between 20 and 30 years; others have shorter terms; and a few last longer than 30 years. The term should always be long enough for the private party to…

Article

Sample Force Majeure Clauses

Find a summary of termination and force majeure provisions used in PPP projects in Europe in EPEC guidance - Termination and Force Majeure Provisions in PPP Contracts - Europe.Example 1 -…

Article

Force Majeure Checklist

What is force majeure?Certain events, beyond the control of the parties, may inhibit the parties from fulfilling their duties and obligations under the project agreements. To avoid the resultant…

Article

Limitations on Freedom of Contract

Limits on Damages and CompensationThe laws of some countries, such as England, require that any damages that may be recovered for breach of the contract or other obligations should be limited to the…

Article

Preparing, Procuring and Implementing Climate-Smart PPPs

Climate Risk AssessmentsAssessing the impacts of climate change on infrastructure projects and establishing appropriate plans to reduce their carbon emissions and to ensure that they are more…