scholarly journals Addressing the Impacts of the Covid-19 Pandemic on Public - Private Partnership (PPP) Contracts

2021 ◽  
Vol 12 (2) ◽  
pp. 368-397
Author(s):  
George Nwangwu

The Covid-19 pandemic has significantly impacted the health and economy of the world. The pandemic has also frustrated the execution of public-private partnership (PPP) projects across the world, with economic and legal consequences for contracting parties. The impacts of the pandemic have, and may continue to, result in uncertainties and even project failures. PPPs are underpinned by long term contracts which should ordinarily determine the rights, obligations and remedies arising out of the impact of the pandemic. However, the legal outcomes are never always certain or determinable and might not augur well for any of the parties. This article examines legal and contractual tools for managing uncertainties and risks arising from the pandemic. It suggests that, as much as possible, parties should rely on extra-contractual arrangements to resolve the issues that are likely to arise out of the pandemic. This article discusses the possible legal outcomes of the pandemic on PPP arrangements and suggests creative ways of mitigating its impacts.

2020 ◽  
Vol 12 (13) ◽  
pp. 5253
Author(s):  
David Baxter ◽  
Carter B. Casady

Around the world, countries are struggling to address the immediate and long-term impacts of the novel coronavirus (COVID-19) pandemic on their (sub)national public–private partnership (PPP) programs. Burdened with the real possibility of widespread project failures and constrained budgets, governments are searching for ways to prioritize projects in need of relief and bolster post-pandemic recovery plans. To meet this need, this article conceptualizes a triage system for PPP programs based on five categories: (1) projects without a need for economic stimulus (blue); (2) projects experiencing minor economic/financial losses (green); (3) projects needing temporary/stop-gap support or restructuring (yellow); (4) projects unable to survive without significant economic relief (red); and (5) projects that cannot survive, even with government intervention (black). This research also stresses the importance of launching and sustaining a crisis command center to support PPP triage decisions and encourages PPP stakeholders to collectively craft win–win solutions for post-pandemic recovery efforts.


2009 ◽  
Vol 13 (3) ◽  
pp. 219-228 ◽  
Author(s):  
Antti Tieva ◽  
Juha-Matti Junnonen

Public‐private‐partnership projects are long term, complex and very challenging contractual arrangements and relationships. They bring new roles for public sector and also for private sector in terms of construction and services. This paper will go through some features of the Finnish PPPs. Proactive law focuses in practical views as regards contract law and contractual issues. The main target is to prevent problems instead of confronting them. This paper will clarify what proactive law is about in terms of contract law and contracting especially in PPPs. For instance, 20–40 years’ partnership relation with PPPs brings up also dozens of different risks into the picture. This paper will discuss the risks and risk management in terms of proactive law and after that, focus on PPPs in Finland. Santruka Viešojo ir privataus sektoriu partnerystes (VPP) projektai ‐ tai ilgalaikiai, sude tin gi ir itin daug pastangu reikalaujantys sutartiniai susitarimai ir santykiai. Ne tik viešajame, bet ir privačiajame sektoriuje jie sukuria naujus, su statyba ir paslaugomis susijusius, vaidmenis. Šiame darbe apžvelgiami kai kurie Suomijos VPP bruožai. Iniciatyvi teise glaudžiai susijusi su prak ti nemis pažiūromis, sutarčiu teise ir pan. Pagrindinis tikslas ‐ išvengti problemu užuot jas sprendus. Šiame darbe paaiškinama iniciatyvios teises esme sudarant sutartis, ypač VPP. Pavyzdžiui, kai VPP trunka 20–40 metu, susiduriama su daugybe ivairiu rizikos rūšiu. Todel straipsnyje pirmiausia aptariamos rizikos rūšys ir rizikos valdymo būdai taikant iniciatyvia teise, o po to ‐ Suomijos VPP.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Marios Adamou ◽  
Niki Kyriakidou ◽  
Jon Connolly

Purpose Since the 1990s, the National Health Service (NHS)advisory officers have developed considerable expertise in managing the process of specifying, procuring, contracting and running public–private partnership (PPP) projects. However, there has been a relatively consistent trajectory in the findings of studies and evaluation of PPP from its initial introduction in the health sector in 1992 to the present time. Therefore, the purpose of this study is to critically evaluate the PPP experience in the UK context using a case study in the NHS. Design/methodology/approach The partnership literature is primarily focussed on process issues, and the impact of partnerships on improving outcomes cannot be assumed. By conducting a critical review on most updated research studies and innovative approaches in this area, the literature as to the place of PPPs in health in the context of the UK is critically explored and whether they have a role in system resilience is examined. A case study has be used as well to describing the processes of a PPP arrangement. Findings Health-care PPP is one of the options relating to health system resilience. However, their contribution in the NHS has been mixed, with success noted in short-term clinical and services contracts while in the long-term the value for money argument has not been proven. In theory, the role of PPPs in bringing together ingredients supporting system resilience such as finance, management and innovation in the UK has not always been successful, and NHS providers have taken the approach to exit such arrangements. Research limitations/implications More research work is needed to capture the 21st-century challenges and critical success factors during its implementation. Practical implications The creation of strong partnerships is moving service delivery away from a project-by-project approach to one that includes strategic and policy developments for long-term results. Originality/value This is a fresh discussion in the role of PPP in system resilience in the UK perspective through a case study describing an exit from a PPP arrangement.


2017 ◽  
Vol 3 (4) ◽  
pp. 580 ◽  
Author(s):  
Nguyen Thi Canh, PhD. Prof. ◽  
Nguyen Anh Phong, PhD.

<p><em>This study used a quantitative method to assess the impact of public investment on private investment and economic growth based on data from 18 developing countries over a 21-year period (1995-2015) by applying PVAR model combined with GMM. The findings show that all public investment and public-private partnership investments affect private investment as well as affect economic growth but the effects vary cyclically, by time period, and by group of countries.</em></p><p><em>For the ASEAN developing countries, public investment crowds out private investment in short term and crowds in private investment in the medium and long term, but it crowds out public-private partnership investment. For the developing countries in Asia, public investment has a positive impact on economic growth with the inverted U-shaped pattern which stimulates growth in the short and medium term, but in the long-term effects of stimulation growth tend to decrease.</em></p>


2021 ◽  
Vol 2 (517) ◽  
pp. 56-61
Author(s):  
B. S. Shuliuk ◽  

The article is aimed at examining the peculiarities of implementation of public-private partnership concession projects in various sectors of the economy in both Ukraine and the world. The main approaches to understanding the essence of the concept of «concession» are considered and its characteristic features are defined. The procedure of operation of the concession mechanism is disclosed. Risks of public-private partnership participants in the process of implementation of concession projects in Ukraine are determined. The need to provide the State support to stimulate the participation of a private partner in long-term projects is substantiated. It is specified that such support should be provided in order to implement the most necessary public-private partnership projects to significantly improve the living conditions of the population in a particular region. It is determined that, unlike Ukraine, the concession mechanism is actively used in various sectors of the world economy, in particular, successfully implemented projects in the transport sector (roads, railways, ports, airports, pipeline transport), housing and communal services (water supply, water purification, electricity supply). At that, the transport industry dominates, while heat supply and waste treatment are the least popular. Prospects for further research in this direction are the search for ways to improve the domestic concession mechanism in the process of implementing public-private partnership projects, taking into account the best achievements of world experience. This will allow to attract financial resources of business in various forms of cooperation in terms of public-private partnerships, and, consequently, to improve the quality of services provided to the population.


Author(s):  
Natalia Tretyak ◽  
Olga Kalenska

The article investigates the world experience of public-private partnership in the economic activity of different countries. Different models and forms of contracts of public-private partnership are covered. The link between public-private partnership projects with the country and area of application is noted. The models of public-private partnership proposed by the World Bank for attracting private capital are covered. The main directions of realization of world forms of public-private partnership for Ukraine are proposed for the effective provision of sustainable spatial development, their further adaptation to the realities of our time.


2017 ◽  
Vol 2017 (1) ◽  
pp. 1056-1064
Author(s):  
Jake Finlinson ◽  
Dave Ruud ◽  
Andy Bary ◽  
Maile Lono-Batura

1997 ◽  
Vol 24 (1) ◽  
pp. 117-141 ◽  
Author(s):  
T. A. LEE

This study represents part of a long-term research program to investigate the influence of U.K. accountants on the development of professional accountancy in other parts of the world. It examines the impact of a small group of Scottish chartered accountants who emigrated to the U.S. in the late 1800s and early 1900s. Set against a general theory of emigration, the study's main results reveal the significant involvement of this group in the founding and development of U.S. accountancy. The influence is predominantly with respect to public accountancy and its main institutional organizations. Several of the individuals achieved considerable eminence in U.S. public accountancy.


2021 ◽  
Vol 263 (6) ◽  
pp. 206-214
Author(s):  
David Montes-González ◽  
Juan Miguel Barrigón-Morillas ◽  
Ana Cristina Bejarano-Quintas ◽  
Manuel Parejo-Pizarro ◽  
Guillermo Rey-Gozalo ◽  
...  

The pandemic of coronavirus disease (COVID-19) led to the need for drastic control measures around the world to reduce the impact on the health of the population. The confinement of people in their homes resulted in a significant reduction in human activity at every level (economic, social, industrial, etc.), which was reflected in a decrease in environmental pollution levels. Studying the evolution of parameters, such as the level of environmental noise caused by vehicle traffic in urban environments, makes it possible to assess the impact of this type of measure. This paper presents a case study of the acoustic situation in Cáceres (Spain) during the restriction period by means of long-term acoustic measurements at various points of the city.


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