Risk transfer

A key benefit attributed to PPPs is that they achieve significant risk transfer from the government to the private sector.

Australian PPPs seek to allocate project risks to the parties best able to manage them. Optimal risk allocation is the goal, where risks are allocated in a manner that minimises the aggregate cost of managing the risks over the term of the contract. Only those risks that the private sector can manage at a lower cost than the government should be allocated to the private sector.

The diagrams below show the basic contractual structure for a service-payment PPP and for a user-charge PPP.

 

The general risk allocation for most PPPs is as follows:

This basic PPP risk allocation is summarised in the below table.

Risk

Government

SPV (Equity Investors and Debt Financiers)

D&C Contractor

O&M Contractor

Design and construction risks

 

 

 

Operation and maintenance risks

 

 

 

Inadequate performance spec

 

 

 

Site access; legal challenge to planning approval

 

 

 

Demand risk (Service-payment PPP)

 

 

 

Demand risk (User-charge PPP)

 

 

 

Loss or damage to facility during D&C phase

 

 

 

Loss or damage to facility during O&M phase

 

 

 

Default/Insolvency of Contractor

 

 

 

Default/Insolvency of SPV