The Use of Turnkey Contractors and Contract Negotiations

2020 ◽  
pp. 131-139
Author(s):  
Richard P. Bundy
Keyword(s):  
Contract Negotiations

FEATURES OF RISK MANAGEMENT AFTER REALIZING PPP PROJECTS

2018 ◽  
Vol 1 (12) ◽  
pp. 179-190
Author(s):  
Mariya Zinovievivna Masik
Keyword(s):  
Risk Management ◽  
The State ◽  
Financial Risks ◽  
Contract Negotiations ◽  
The Public ◽  
Political Risks ◽  
Force Majeure ◽  
Investment Agreement ◽  
The Law ◽  
Partnership Agreement

The article is devoted to the clarification of the peculiarities of risk management during the implementation of PPP projects. The author identifies a set of risks for a private partner, business risks of PPP projects and the main risks associated with the protests of the public, as well as public and international organizations. The typical risks of PPP projects are presented, including force majeure, political risks, profitability risks, operational, construction, financial risks, and the risk of default. The world experience of sharing risks between the partners is presented. Also named are the main methods for assessing the risks of PPP projects. It has been determined that the conditions on which the parties should reach agreement in order for the contract to be concluded are essential. Risk management can be implemented within the framework of the essential conditions for the allocation of risks. However, the provisions of the law provide for the allocation of only those risks identified by the results of an analysis of the effectiveness of the PPP project. Legislation does not directly determine how risks can be allocated to the risks identified during the pre-contract negotiations (or even at a later stage), but not taken into account in the analysis of efficiency. For example, suggestions on the terms of the partnership agreement as part of the bidding proposal may include suggestions on risk management mechanisms. There are no definite and can not be fully defined possible ways of managing risks in view of their specificity for a particular project. For this purpose, it is advisable to provide for a period of familiarization with the draft tender documentation and the possibility of making changes to it based on the findings received from potential contestants. It is also advisable to foresee cases in which it is possible to review certain terms of the contract without a competition. It is substantiated that the law does not restrict the possibility of foreseeing specific terms of an agreement on the implementation of the PPP project or to conclude additional (auxiliary) contractual instruments (for example, an investment agreement). At the same time, when laying down conditions not provided for by law, it is necessary to take into account the scope of competence of the state partner. Also, in order to ensure the principle of equality of conditions, the state partner should provide such additional conditions in the tender documentation.

Accelerating Change

2018 ◽  
Author(s):  
Erin Stewart Mauldin
Keyword(s):  
Land Use ◽  
African Americans ◽  
Labor Relations ◽  
Cotton Production ◽  
Economic Independence ◽  
Contract Negotiations ◽  
Reduced Frequency ◽  
Ecological Event ◽  
Land Use Practices ◽  
Ecological Regime

Emancipation proved to be a far-reaching ecological event. Whereas the ecological regime of slavery had reinforced extensive land-use practices, the end of slavery weakened them. Freedpeople dedicated less time to erosion control and ditching and used contract negotiations and sharecropping arrangements to avoid working in a centrally directed gang. Understandably, freedpeople preferred to direct their own labor on an individual plot of land. The eventual proliferation of share-based or tenant contracts encouraged the physical reorganization of plantations. The combination of these two progressive alterations to labor relations tragically undermined African Americans’ efforts to achieve economic independence by tightening natural limits on cotton production and reducing blacks’ access to the South’s internal provisioning economy. The cessation, or even reduced frequency, of land maintenance on farms exacerbated erosion, flooding, and crops’ susceptibility to drought.

Observation of Good Faith Principle in Contract Negotiations: A Comparative Study with Emphasis on International Instruments

2013 ◽  
Vol 03 (09) ◽  
pp. 56-61
Author(s):  
Ebrahim Shoarian Sattari
Keyword(s):  
Islamic Law ◽  
German Law ◽  
Good Faith ◽  
Roman Law ◽  
Fair Dealing ◽  
Contract Negotiations ◽  
Law System ◽  
American Law ◽  
Special Stand ◽  
International Instruments

Good Faith is one of the important principles in contract law. This principle is inherited from Roman law and it has been mostly developed in civil law system. Observation of Good faith and Fair dealing in French and German law and many other countries is considered as legal obligation. Good faith, also, is of special stand In Chinese law of contract. Since Good faith is considered as important and valuable, it has been recognized in Common Law System and adopted in English and American law. Islamic law also contains numerous examples of obligations that are based on Good Faith principle. Nowadays, good faith principle has been incorporated in important international instruments such as CISG, UPICC, PECL, and DCFR and its scope has been developed. If good faith principle was being considered in fulfilling of contracts, today it also is considered as important in pre-contractual and conclusion stages of contracts. The aforementioned documents contain regulations for observing good faith in preliminary negotiations, conclusion of contract, fulfilling of contract and the interpretation thereto. The present Article is attempted to show that Good faith is important in all stages including preliminary negotiation and it should be incorporated in domestic legislations. Remedy for breach of this duty in the pre-contractual sphere should be limited only to compensation for damages.

Contract Negotiations: What Every Practitioner Should Know

2008 ◽  
Vol 139 (2_suppl) ◽  
pp. P12-P12
Author(s):  
Mark Brandt Lorenz ◽  
Robert A Glazer ◽  
Philip Rosen
Keyword(s):  
Contract Negotiations

scholarly journals Managing Teacher Performance in Today’s Schools

1999 ◽  
Author(s):  
Tricia Chapman
Keyword(s):  
Performance Management ◽  
Personal Experience ◽  
Teacher Performance ◽  
Board Of Trustees ◽  
The Self ◽  
Ministry Of Education ◽  
Employment Contract ◽  
Contract Negotiations ◽  
Education Act ◽  
Hiring And Firing

The Tomorrow’s Schools reforms created confusion as to exactly who is the employer of teachers. In terms of the 1989 Education Act, it is the Board of Trustees. In practice, hiring and firing is likely to be done by the principal, and the Ministry of Education represents the employer party in collective employment contract negotiations. Drawing on the author’s personal experience of managing Ministry of Education contracts in performance management, this article: 1. considers whether the imposed requirements for the performance management 2. of teachers are consistent with the self-managing school framework; and 3. evaluates the effectiveness of the regulations in enhancing teacher performance.

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