An infrastructure record (claim) in History


Toronto. 2015.

Project: Eglinton Crosstown LRT.

Value: CAD $5+ billion.

Model: DBFM.

Jurisdiction: Canada — the global gold standard of PPPs.

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The agency wanted efficiency.

Faster procurement.

Faster close.

Cleaner risk transfer.

Put a medal in the chest for opening the day before election day.

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So they did what PPP manuals love to say:

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“Allocate risk to the party best able to manage it.”

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That sentence has probably financed more claims for lawyers than any other in infrastructure history.

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Tunnelling risk? Transferred.

Utility coordination? Transferred.

Schedule risk? Transferred.

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Because, of course, the private sector “manages risk better.”

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And please, sign now that we don’t arrive to election day…

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Then construction started.

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Unexpected ground conditions.

Utility delays.

Interface chaos.

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Opening planned for 2020.

Not opened.

Pushed again.

And again.

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Claims followed.

Disputes followed.

Headlines followed.

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And suddenly the “perfect Canadian PPP model” was negotiating with geology.

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The Lesson

PPP doesn’t eliminate risk.

It relocates it.

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And if you relocate it too aggressively,

it comes back with lawyers.

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So do it well…

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Even in Canada.

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For more lessons, you can click below.

​Life is easier with an Ex-CEO on your ear. ​

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Vicente Valencia

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