Force Majeure Clauses - Checklist and Sample Wording

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 breach of contract, parties may prefer to excuse contractual obligations to the extent that they have been so inhibited.

Insurance Checklist

Availability of insurance, levels of cover and deductibles will have an impact on the risks being taken by the authority, the operator/ project company and the lenders and should be central to negotiations.

Checklist for Operation and Maintenance Agreement

The purpose of this checklist is to identify the key areas to be considered in reviewing and drafting an operation and maintenance agreement where the agreement is a standalone agreement rather than part of a concession arrangement where the obligations of the concessionaire during the operating period are sub-contracted to an operator.

Construction Contracts Checklist

Checklist

The purpose of this checklist is not to replace a review of the construction contract, but is intended to be used following such a review in order to check that all the key areas of the contract have been addressed.

A. Introduction

It is not essential to obtain positive answers to all the questions below in order to be able to give a contract a positive review, but hopefully the checklist will be useful in identifying areas of the contract which require further attention.

PPP Sector Specific Checklists

When preparing or reviewing Public-Private Partnership (PPP) project documents, it is useful to have access to comprehensive, sector-specific checklists.