• Setting up a parallel informal audit to address issues with KPIs which no longer meet the Procuring Authority's goals may, in some circumstances, provide a suitable short-term solution.
• Co-location of the Procuring Authority and Project Company can help to more efficiently resolve issues at an early stage.
• Setting up an informal variation procedure may provide a solution if the formal variation procedure proves to be unworkable. It also highlights the need to set appropriate time periods when negotiating the PPP contract.
• Setting up a small, closed government industry network can have a positive impact on a program of PPPs in a particular sector, including through the sharing of knowledge.
• To help ensure that legal drafting is pragmatic, lawyers should be well supported by people who are involved after financial close, such as contract managers.
• Assigning employees who have not been involved in the lead-up to the dispute to the negotiations may provide independence required to resolve the dispute more efficiently.
• Processes of periodically reviewing KPIs may need to be considered to be included in PPP contracts to keep the project relevant to the needs of the time.
• Setting too stringent KPIs with small payment deductions may not provide enough incentive for the Project Company to achieve them.