Addressing the Impacts of the Covid-19 Pandemic on Public - Private Partnership (PPP) Contracts

Abstract

The Covid-19 pandemic has significantly impacted the health and economy of the world. The pandemic has also frustrated the execution of public-private partnership (PPP) projects across the world, with economic and legal consequences for contracting parties. The impacts of the pandemic have, and may continue to, result in uncertainties and even project failures. PPPs are underpinned by long term contracts which should ordinarily determine the rights, obligations and remedies arising out of the impact of the pandemic. However, the legal outcomes are never always certain or determinable and might not augur well for any of the parties. This article examines legal and contractual tools for managing uncertainties and risks arising from the pandemic. It suggests that, as much as possible, parties should rely on extra-contractual arrangements to resolve the issues that are likely to arise out of the pandemic. This article discusses the possible legal outcomes of the pandemic on PPP arrangements and suggests creative ways of mitigating its impacts.