5.1  Background

Disputes within a PPP project emerge for many reasons. There are often deeper underlying reasons for why disagreements arise in the first place and why they can escalate into a dispute. Some of these relate to the inherent complexities associated with PPPs:

•  PPP contracts are long-term and unexpected circumstances are likely to arise at times

•  PPP projects tend to be complex in their scope with multiple stakeholders involved

•  Contract documents are complex and subject to interpretation (particularly given multiple interfaces between different parties and potential contradictions between a large number of different but interrelated project documents)

Other underlying reasons for why disagreements arise in PPPs are detailed throughout this chapter. These include a lack of understanding of the PPP contract and/or the performance monitoring requirements of a PPP; poor relationship management; ambiguous contract drafting; and weak underlying project economics.

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