Risk and Contract Design in Public Private Partnerships.

Abstract

This paper examines the Risk Management and Contract Design aspects of Public Private Partnerships. Part I begins with the question: How is a public private partnership distinct from public-private interaction over history? From this question, it identifies risk allocation and risk sharing as a central feature of PPPs today. Part II attempts to see when PPPs to be used, as well as the potential advantages and disadvantages of PPPs. These lead us to the central part of the study. Part III examines Risk in four parts: a profile of risk in PPPs, risk categories, risk allocation principles & strategies, and some common mistakes. All risk management is manifested in the contract specifications. Part IV therefore focuses on Getting the Contract Right, from the structure as well as the key aspects of contract formulation. The paper draws on the PPP experience, drawn from the UK, Australia, Asia and India for illustrations. The paper ends with concluding remarks.