- Two key sources of conflict are identified in this research. The first relates to situations that arise where there is potential for significant financial impacts / unforeseen cost burdens that can shape public partner VfM outcomes. The second relates to failure on the part of one party to meet the expectations of the other; e.g. where the intent of a service specification has been misunderstood or where a KPI has not been adequately defined.
- Inexperienced public partner employees may seek expensive legal advice, concerning PPP concession agreement and governance issues, too often without first taking a view on what the public partner's position should be. Furthermore, it may be that the legal opinion offered does not directly address the merits of the problem at hand but is instead slanted towards a view that lawyers think the court might take if it had to deal with the issue.