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Public Private Partnership (PPP) Contracts for Non-Legal

The Public Private Partnership (PPP) phenomenon is a real and largely accepted aspect of national infrastructural developments in many countries. The best policy delivery solutions to provide public infrastructure for hospitals, road transportation, airports, sea ports and public buildings is something that is constantly sought after. There are different stakeholders involved with varying interests and as a result PPP contracts display the challenge posed by multiple PPP objectives. Clear and effective negotiations are critical for the reconciliation of all stakeholders’ interests.

Objective

This PPP contract course will deal with the legal and regulatory aspects of public-private partnerships, in particular contract law including public procurement law. We cannot ignore the legal aspects. Ignorance of the law is no defence. Ignorance of PPP contract law management is not a privilege. It is a misfortune? Maximise our return and reducing risks from investments in PPP projects. So we cannot ignore the legal risks aspects of PPP contracts.

Programme Highlights
BONUS - free sample PPP contract given. A walkthrough of PPP contract with a clause-by-clause analysis of PPP provisions for thorough understanding of better protection.

Outline

1. Negotiating Strategies
- PIOC Harvard Negotiation Project
- PIOC negotiating techniques
- negotiating without giving in
- skills of good negotiator
- non-verbal communication
- recognising negotiating tactics & tricks
- sharing best practices for breaking deadlocks
- the 5 breakthrough strategies in difficult situations


2. Structure of PPP contracts
- Public infrastucture and the Private Sector
- Competencies in Structuring PPP deals
- the legal framework for PPPs
- key contractual PPP issues
- project structure and contractual arrangement
- the legally binding clauses in the PPP contract
- variations and structure payment mechanism
- performance based payment mechanism & pre-agreed standards
- the challenges of PPPs
- PPP procurement process - bids, evaluation & awards
- due diligence and market sounding on PPP project
- Financial close and condition precedents
- Contract management, implementation & Project Team
- managing PPP relationships, governance & communication
- performance monitoring & reporting
- pitfalls to avoid in structuring PPPs
- why contract management fails? How to do it right?
- best practices in project management
- the UNCITRAL 2011 Model Law on Procurement
- WTO’s Agreement on Government Procurement

3. Risks & Termination issues
- risks identification and risk management
- handling project risks & appropriate risk allocation
- compensation events
- doctrine of frustration & relief events and force majeure
- step-in & substitution
- early termination and subcontractors

Who should attend

Contract managers and contract administrators, finance professionals and project managers and also anyone responsible for negotiating PPP projects.

Profile of Catherine Tay

Catherine Tay has over 35 years of lecturing experience as an Associate Professor lecturing business law at the National University of Singapore (NUS) Department of Strategy and Policy, NUS Business School. She is an Advocate and Solicitor of the Supreme Court of Singapore. She is also a barrister-at-law (of Lincoln’s Inn, United Kingdom). She is an author of more than 8 law books, including her best-seller book title called "Contract Law - A layman Guide".

She studied law at Queen Mary College, University of London and graduated with a Bachelor of Laws with Honours and with a Master of Laws, in which she specialised in Company, Shipping, Insurance and Marine Insurance Laws.

She has facilitated seminars and in-house training courses for many business law topics such as tenancy agreements, contract administration management, procurement contracts, legal and practical aspects of tender management, Service Level Agreements and Outsourcing contracts, oil and gas contract management, insurance contracts, Intellectual Property Laws and PDPA data privacy laws. She is an examiner on law subjects for a number of professional bodies and universities in Singapore and overseas. She has lectured at the NUS Extension in professional and business management law courses.

She was an adjunct lecturer at NUS Institute of System Science, in IT outsourcing contracts for over 20 years. She is the Honourable Legal Advisor for Singapore Optometric Association, as well as for the Singapore Institute of Engineering Technologists.