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In a meeting with an agency not long time ago, I was asked for advice with regards to the team they’ll need to set up for managing a PPP project. ​ Obviously, our conversation started by a “are you kidding me”? ​ Managing multibillion dollar projects required people able to handle multibillion dollar projects. That’s the basics. If you bring to your team people used to manage projects in the range of 10 millions… the focus is not going to be on the right things. The nickelling and diamonding would drag you into the worst of the frustrations… Very easily. Very quickly. ​ But if that’s the people you have at hand… You’ll need. Strong management. Lots of patience. And even more training. ​ You’ll have to remind every day to your team what success means. What’s important to you. What’s not. And more importantly… what’s your role. And the mechanisms the contract has in place to protect your rights. ​ If you don’t have that. Prepare yourself for the free riders. Obstruction / disruption claims. Extra work claims. Change claims. Etc. ​ You’ll learn a lot of new vocabulary. ​ It doesn’t need to be that way. You can get some tips in the link below. ​My Mentorship​ ​ 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. ​ ​ |
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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....
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...