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60 reports. 60 disagreements. 60 disputes.
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Imagine that you write your monthly report. Yes, you’re part of a consortium in a PPP project. You write your report. And you send it to the agency, the government, or whatever. It’s subject to the famous review procedures. The agency sends back comments. They disagree with some of your statements. And you disagree with those statements. What to do? Remember, next month, again the j*dido report de mi€rda. You can be dragged to an endless set of discussions about every single monthly report. For 3, 4 or 5 years of constructions… 60 reports. 60 disagreements. 60 disputes. What would you get out of that loop? Well… if you want to hear my opinion, you can find it in the discussions of a real case, below. PD 1: If you liked this email, don't keep it in secret and forward it to a friend. They will thank you enormously one day. PD 2: If somebody has sent you this email and you want to receive emails like this yourself, visit vicentevalencia.com PD 3: If you want unsubscribe, click the link below. |
Vicente Valencia
I talk about Personal Growth, Management, Infrastructure and More | 👇JOIN +2k readers 👇
A terrible clause about Force Majeure. A lawyers’ money-making machine with the definition of “Substantial regulatory changes” A few days ago, I had the opportunity to discuss common flaws to PPP contracts. Lawyers can be really good drafting millions of pages. They have no idea how real people deal with those pages in a day to day basis. That was the conversation I had with a student of the mentorship. 5 clauses. 5 headaches. Easily avoidable. The clauses, the potential solutions, together...
Despite being on a Saturday, I received a few emails asking about yesterday contract! Look… I have plenty of examples. Yesterday, it was a PPP in the Philippines… but I’ve been working on a few others PPP project. A fantastic example with nice clauses that are less bankable than a PPP for a data center in North Korea. Kenya. A known highway. The Review Procedure. “Disagreements will be discussed” Literally. Good luck with getting a solution. Discussing can be the more frustrating of...
These days I’m enjoying some interesting stuff. There is a clause. In particular, 13.3 of a project agreement. “Foregone Toll Income & ‘Mutual Agreement’ Extension”** I love the title. It deals with cases where the government prevents the toll road from charging the approved tariff. Then, if this happens, logically for political reasons… The government must either: Compensate the monthly Foregone Toll Income, or Grant a Concession Extension, the duration of which must be mutually agreed If...