Resilient Infrastructure Public-private Partnerships (PPPs): Contract and Procurement – The Case of India

India is vulnerable to a wide range of natural hazards, particularly flooding, cyclones, drought, extreme heat waves, landslides, wildfire, and earthquakes. In the context of climate change, the intensity and frequency of weather-related shocks are likely to increase. India is also one of the key implementers of Public-Private Partnerships (PPPs) across infrastructure sectors such as roads, ports, airports, energy, and water and sanitation. It is among the Top 5 countries in the world in terms of cumulative investments in PPPs over the past 25 years.

The impact of climate change on the risk allocation of construction projects

According to Norton Rose, The impact of climate change on the risk allocation of construction projects, September 2014, builders are more likely to require a more expansive range of adverse weather conditions to be included in the FM provisions such as prolonged periods of extreme heat, landslides or cyclones, tornadoes, earthquakes and other natural disasters.

Golden Ears Bridge Crossing DBFO

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Project Agreement of 24 February 2006 between the Greater Vancouver Transportation Authority ("TransLink") and the Golden Crossing General Partnership ("DBFO Contractor") and all other project documents regarding the design, build, financing, operation, maintenance and rehabilitation of the Golden Ears Bridge and the associated road network. 

Related Information:

Force Majeure - Checklist and Sample Wording

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In order to avoid the uncertainties and delays involved in relying on the applicable law, parties to contracts often prefer to provide for a specific regime for force majeure, along with a definition of which events shall qualify for special treatment.

The term force majeure used in drafting project documents comes originally from the Code Napoléon of France, but should not be confused with the French doctrine. Generally, force majeure means what the contract says it means.

Civil Law Systems - Key Terms Implied by Law That Can Impact PPP Arrangements

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In many civil law countries a separate administrative law governs PPP arrangements. A number of the key  administrative rules that apply to delegated management arrangements are listed below¹. It is important to seek local legal advice to check whether these rules apply in a particular civil system. It is also important to note that in a civil law jurisdiction, unless the contract specifies that the parties have agreed to arbitration, the contract will be enforced by the administrative courts.

Annotated Solar Power Purchase Agreement (PPA) prepared by Sustainable Power Group (sPower)

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Power purchase agreement developed by sPower, an independent power producer, for the construction, operation and maintenance of a solar powered electric generating project, and sale of the electric energy produced by the project.